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(영문) 대전지방법원 2012.12.28 2012노1970
국민체육진흥법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of all the circumstances, including the fact that the defendant committed the instant crime in light of the overall context, such as the fact that he/she committed the instant crime and reflects the depth of the instant crime.

2. We examine the judgment. The crime of this case is a situation favorable to the defendant, in collusion with other accomplices, such as the defendant's team leader of the operation team of the J, which is the Internet gambling site, responsible for the filling of gambling funds, exchange business, K exercises overall control over the management and operation of the above site, L, N, P, etc. with a view to opening gambling for profit by taking approximately KRW 2.192 billion in profits, and at the same time issuing online voting rights similar to sports promotion betting tickets even if the defendant is not the Seoul Olympic Games Korea National Sports Promotion Foundation or an entrusted business entity. The fact that there is no criminal record of the same kind of sports promotion betting tickets, and that the defendant shows the time of and against the crime of this case.

However, in light of the following: (a) the Defendant was working at a gambling operation organization that systematically and plucks up citizens’ desire to work; (b) social harm, such as additional booms caused by illegal gambling sites, degradation in work motivation, etc.; and (c) the accomplice, including the Defendant, who operated the instant gambling site, knew that he/she had been conducting an investigation, and illegally escaped from the country to a foreign country and operated the said gambling site; (d) the Defendant was aware that he/she was unsatisfed and was arrested at the airport, and was forced to leave the airport during his/her arrest; and (e) the Defendant did not cooperate in an investigation or have no purpose to stop the crime from the beginning with an anti-const intent; and (e) the Defendant appears to have actively participated in the said crime as a team leader; and (e) the Defendant, who was an accomplice, is serving as a part of the instant crime.

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