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(영문) 대구지방법원 2017.10.26 2017고단4259
국민체육진흥법위반(도박개장등)방조등
Text

Defendant

A Imprisonment with prison labor for one year, and for six months, each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Defendant A

(a) Except as otherwise provided for in other Acts, no person who violates the Electronic Financial Transactions Act shall transfer or take over any access medium, or lend any access medium while demanding and promising the consideration thereof;

Nevertheless, on June 13, 2017, the Defendant was sentenced to two years of imprisonment and additional collection of KRW 320,000,000 by the Daegu District Court on the violation of the National Sports Promotion Act (such as opening, etc. of gambling), which is an operator of illegal gambling site “D ( frequently changing the domain name address, such as D)”, and appealed on June 16, 2017, and appealed from the appellate court on June 16, 2017, which was pending in the trial (hereinafter “site operator”) to “I will give KRW 80-12,00,000 per head of the Tong,” with the consent of the proposal that “I will receive and lend the access media, such as the passbook, cash card, and OTP card necessary for the operation of the above gambling site.”

(1) On March 2014, the Defendant proposed that “G” located in Daegu Jung-gu, Seoul to use the said gambling site’s operating account, “if a large amount of money enters the account in its name, it would pay taxes, and would require H to open the passbook.” The Defendant received from H access media, such as passbook, physical card, OTP card, and password connected to H’s community credit cooperative account in the name of H, and received them from September 2013. However, in light of the contents of the bill of indictment, it appears that “from September 2013 to September 1, 2013,” in light of the contents of the bill of indictment, this appears to be a clerical error in the bill of indictment, and even if it was corrected without changing it, it does not seem ex officio to have any substantial disadvantage in exercising Defendant A’s right to defense.

By January 2016, the access media was taken over 30 times in total, such as the list of crimes (1) in the attached list of crimes.

(2) The Defendant: (a) at the same place as on March 2014; and (b) at the H’s name, such as the foregoing (1).

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