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(영문) 서울중앙지방법원 2019.02.08 2018고단7127
도박공간개설등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person, other than the Seoul Olympic Sports Promotion Foundation or an entrusted business entity, shall issue sports betting tickets or similar things and provide them with property or financial benefits to persons who win at the betting.

In addition, no person shall open a place or space where gambling is conducted for profit.

Nevertheless, B (C), D, E, F, G, H, I, and J from October 2, 2016 to July 23, 2017, respectively, operated the gambling site, such as “K (site address: change of address: L, M, N,O, P, Q, R, S, etc. in sequence), and “T (U)” with computers and Internet communications equipment installed from around October 2, 2016 to around July 23, 2017. The Defendant participated in the above crime around August 10, 2016.

The above B, as a general responsibility for the operation of the above gambling site, played the role of managing employees and settling gambling funds, D, as a head of night management team, was engaged in the role of charging game points in physical distribution rates by sports games and remittance of gambling funds from members and making them exchange in accordance with the game result, E and F, as the head of the weekly management team, and the remaining five persons including the Defendant, etc., as the team members, engaged in the role of assisting the duties of the team leader.

According to the above division of roles, the Defendant, along with the above B, etc. from August 10, 2016 to November 21, 2016, advertised the above gambling site through the above gambling site operation office in China from around 10, 2016, and deposited the gambling fund from the gambling members who reported and recruited the above gambling site with the 1:1 ratio of money deposited, and let the gambling members charged with the game money join the above site and post it at the betting place in Korea and overseas sports games, such as the stable, camping area, and the deaf-gu, etc., and the betting amount for the members of the above member, based on the result of the winning of the sports games that the above members participated in.

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