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(영문) 대구지방법원 2016.08.10 2016고단2341
국민체육진흥법위반(도박개장등)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. A person, other than the Seoul Olympic Winter Games Promotion Foundation or an entrusted business entity, shall not engage in an act of offering property or property benefits to a person who correctly predicted the outcome of sports promotion by issuing voting rights or any similar things, and no person shall establish a space for gambling for profit-making purposes;

Nevertheless, the Defendant recruited members of the said site along with names and Buddhist boxes, etc. who opened and operated “C(C)” which is an illegal sports soil site, and solicited them to gambling. The Defendant: (a) planned to raise funds for the operation of the said gambling site and manage the funds; (b) obtained the Defendant’s license of the said gambling site’s total sales code through the said gambling site’s nameless boxes; (c) recruited members and allowed them to gamble at the said site; and (d) committed a crime as follows, under which the members would be paid membership recruitment fees equivalent to 20 to 40% of the game money confiscated due to failure to predict the winning of the winning; and (e) committed the following crimes.

[2] From December 4, 2015 to February 21, 2016, the Defendant recruited gambling persons, such as E,F, G, and H, as members of “C,” a private sports soil site from the members, and received KRW 142,830,05 in total from the above site charging accounts from the members, including E, to the Daegu Bank account (J) in the name of “I” bank account in the name of the above site charging accounts. After receiving a considerable amount of money, the Defendant issued a game machine and let the members betting the said game machine on the winners of various domestic and foreign sports games, etc., and, in the event that the expected amount is low, transfer the money to the account in the name of “I” bank account in the above site to KRW 142,60,05,00,000, the amount of money to be confiscated, and in the event that the money to be confiscated is anticipated, the amount to be confiscated.

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