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(영문) 부산지방법원 2018.10.23 2018고단4111
국민체육진흥법위반(도박개장등)등
Text

A defendant shall be punished by imprisonment for one year.

66 million won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No person, other than an entrusted business entity, shall provide property or property benefits (hereinafter referred to as "similar act") to persons who win the result of sports promotion by issuing voting rights or things similar thereto to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Nevertheless, around March 2016, the Defendant offered a proposal to the effect that “B along with C along with the management of the members of the website,” “B,” such as “B,” which opened a server in Japan and other Internet sports entertainment sites,” and that “B, while managing the members of the website,” the Defendant conspired to have the Defendant, members of the website, and members of the gambling site, receive a general control over the operation and management of the sports entertainment site, and the Defendant, C, by notifying the members of the gambling site of deposit account, charge the amount of deposit into the game money, or charge the amount of deposit in the course of the money exchange, and share the role of managing the member’s bulletin board while performing the money exchange business so that the profits and losses may be reverted to the Defendant, members of the gambling, and the name winners, etc.

According to the above public offering from April 2016 to September 6, 2018, Defendant 1: (a) installed a computer at a 7 Gun-Si of Vietnam Ho-si; (b) installed a computer on the said website to enable non-members to gain money from KRW 5,000 to KRW 1,00,000 for each game; and (c) paid dividends to members who predicted the result accurately after the match; and (d) paid dividends to the members who predicted the result of the match to recover money; and (e) made profits and losses to the Defendant, members, names of the non-persons, etc., depending on whether the remaining members were in progress of the match by collecting money.

Accordingly, the defendant established a space for gambling for profit in collusion with the name-free winners, and committed similar acts even if it is not an entrusted business entity or the National Sports Promotion Foundation of Seoul Olympic Games.

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