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(영문) 의정부지방법원 2016.07.05 2016노896 (1)
국민체육진흥법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles and mistake of facts) of the facts charged against the Defendants that the Defendants violated the National Sports Promotion Act should be fully convicted based on relevant evidence, but the lower court found the Defendants guilty only for aiding and abetting the violation of the National Sports Promotion Act and acquitted the Defendants of the above facts charged. The lower court erred by misapprehending the legal doctrine

2. Determination

A. A person who is not a national sports promotion corporation or an entrusted business entity, among the facts charged against the Defendants, shall not engage in an act of offering property or property benefits to a person who correctly predicted the outcome by issuing (including issuing through an information and communications network) sports promotion voting rights or things similar thereto.

Nevertheless, a name-free person is responsible for the role of organizing and operating a "J and K", which is an illegal sports gambling site in China, and the Defendants are responsible for the role of organizing and operating the organization. The Defendants are responsible for the creation of a so-called "B" of the relevant illegal sports gambling site, which is necessary for the deposit, remittance, and management of funds, and L and M are recruited to actually operate the above illegal sports gambling site.

In relation to the aforementioned public offering and role sharing, the Defendants: (a) around the Heungnam-si's Campdong located in Sungnam-si from October 2015 to November 5, 2015, Defendant B sent nine passbooks, such as the national bank account in the name of Kamama-gu, Kanam-si, to Defendant A; (b) around that time, Defendant A sent the said nine passbooks, physical cards, and passwords delivered by Defendant B to the untitled person; (c) from October 2015 to October 5, 2016, Defendant B comprehensively operated the "J, K," which is an illegal sports gambling site, and (d) Defendant A actually operated the above website.

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