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(영문) 서울중앙지방법원 2019.09.26 2019노1024
국민체육진흥법위반(도박개장등)등
Text

The judgment below

The penalty collection portion shall be reversed.

The defendant's KRW 3,980,000,000 (three hundred and eight hundred and eight hundred and eighty thousand).

Reasons

1. The summary of the grounds for appeal of the grounds for appeal is not timely filed, and the defense counsel’s written opinion as of June 11, 2019 and the defense counsel’s written opinion as of July 24, 2019 are considered to the extent it supplements the grounds for appeal.

A. Mambling sites B, C, D (hereinafter collectively referred to as "gambing site D") and X (hereinafter referred to as "gambing site X") provided gambling, such as "bara", "bab", "bab", and "babbridge", and the provision of gambling, such as "baba" and "babab", are similar to sports promotion betting tickets or others, i.e., "babbbbba", and thus, the crime of violating the National Sports Promotion Act is not established.

Nevertheless, the court below erred in the misapprehension of legal principles as to gambling such as the above "bagra" and "bagbridge, etc." as a crime of violating the National Sports Promotion Act (Gambaging, etc.).

B. The amount of money in the gambling site D, X (hereinafter referred to as “the instant gambling site”) shall be calculated on the basis of the amount deposited as “competing account” in the “competing account” in which Dos are deposited from members.

However, the Do amount indicated in the facts charged in the instant case includes the amount that is not deposited into the account used as a “steb account”, “money deposit account”, “storage account”, and “deposit account” (hereinafter referred to as “Stebilt account”) rather than “Steb account” as indicated in paragraphs (1) through (5) and (2), or the amount that is not deposited into the account as “Stebil exclusive use” (hereinafter referred to as “Stebil account”).

Therefore, the court below erred by misunderstanding the fact by appropriating the actual amount in excess.

1) Where each amount of money deposited in the same account overlaps with the amount of money deposited in the gambling site D, the list of crimes attached to the investigation report No. 176 No. 176 attached to the evidence list, which served as the basis for calculating the amount of money deposited in the gambling site D.

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