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(영문) 서울동부지방법원 2017.10.20 2017고단2766
국민체육진흥법위반(도박개장등)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who is not an entrusted business entity or a national sports promotion corporation of the Seoul Olympic Games or a person who is not an entrusted business entity shall not provide property or property benefits to persons who win the results of sports promotion by issuing sports promotion votes or similar things.

The defendant was sentenced to imprisonment with labor for three years and six months at the Incheon District Court on August 16, 2017, and during the appellate trial), and was employed as a local employee of the Philippines (E, F, etc.) from one of the private sports gambling sites operated by him/her, and was employed by him/her as a local employee of the Republic of Korea at G (name in default), H, I, and J (C) together with members, charged members with money by receiving money from them. The defendant deposited members with the minimum amount of KRW 5,00 to KRW 1,00,000 from the minimum amount of KRW 5,00 to the maximum amount of KRW 1,00,000, and deposited the game with the members’ money corresponding to the member’s money.

Accordingly, the Defendant, in collusion with C, G, H, I, J, etc., committed an act of providing property or property benefits to a person who correctly predicted the result by issuing sports promotion voting rights or similar things, and at the same time opened a gambling space on the Internet for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against H and J;

1. Report of internal investigation (in the event of the commencement of internal investigation), investigation report (in the event of the execution of a warrant), investigation report (in the event of an estimated amount of unjust gains by site), investigation report (in the event of an investigation report), investigation report (in the event of submission of K Materials - Data concerning the issuance of visa), investigation report (in the event of participants in the D website), investigation report (in the event of an indictment for participants in the D website), investigation report (in the first instance judgment against C);

1. Application of statutes on copies of L seizure books;

1. Article 47 Subparag. 2 and Article 26(1) of the Act on the Promotion of National Sports for the sake of criminal facts, Article 30 of the Criminal Act (a similar act), Articles 247 and 30 of the Criminal Act (a point of opening gambling spaces).

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