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(영문) 창원지방법원 2018.05.11 2017고단2584 (1)
국민체육진흥법위반(도박개장등)방조
Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

No person, other than a commemorative national sports promotion corporation and an entrusted business entity, shall provide property or financial benefits to persons who win the result of the promotion of sports by issuing voting rights or similar things.

“C” and “D, etc., from January 4, 2015 to October 13, 2016, upon opening and operating “E”, which is an illegal private sports soil site, from the territory of the Republic of Korea to the territory of the Philippines, recruited many members, and then, from members, he/she transferred KRW 9,157,265,804 in total to the Gwangju Bank Account (number: G) in the name of the member, he/she deposited KRW 9,157,265,804 in the betting amount, and had the members predict the winning of various domestic and foreign sports games, and operated the said sports soil site one time in such a manner that the members remitted a refund amount of KRW 10,000 in accordance with the set dividend rate.

H and the Defendant received a request from I to request the operation and management of the above gambling site, and the Defendant, at the above gambling site office located in the Republic of the Philippines, arranged the sports game result in the day to EX and sent it to H, and H reported the management status to I by taking charge of the affairs of the above gambling site, such as the management of members and accounts, while driving the above EX files on the gambling site.

As a result, H and Defendant 1 performed a crime of providing property or property benefits to those who issued the right to vote for sports promotion or any similar things and provided property benefits to the public, even though the above C et al. was not the Seoul National Sports Promotion Foundation and the entrusted business entity.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning examination of suspect of a part of the prosecution with respect to H;

1. The application of the Act and subordinate statutes to the investigation report (the attachment report to the suspect interrogation protocol in I).

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