Text
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On September 2015, the Defendant offered that “to receive money from the visitors to the new-gu University located in Seongdong-gu Seoul Special Metropolitan City, Seonam-gu, Gyeonggi-do, the Defendant: (a) provided a proposal from C to “to offer KRW 1 million in return for the formation of a passbook; (b) registered as a representative of the Defendant’s name as a business operator; and (c) had the business operator registered as a representative of the Defendant’s name with the consent to the proposal; and (d) had the Defendant transferred an access medium, such as a passbook, cash card, etc., to the account in the name of the business operator.
1. On September 7, 2015, the Defendant violated the Electronic Financial Transactions Act: (a) filed a business registration under the name of “D” at the Cheongju District Court around September 2, 2015 after completing the registration of the incorporation of a corporation with the Defendant as its representative director by having C as its representative director; and (b) filed a business registration in the name of “D” at the Cheongju District Court around September 7, 2015.
Then, around September 9, 2015, the Defendant opened an account (Account Number: E) in the name of “limited company D” at a bank located in Chang-si, Chang-si, Chang-si, Chungcheongnam-si, Chungcheongnam-si, and then transferred the access media, such as passbook, cash card, and OTP card, to C at the front of the above bank, including the issuance of passbook, cash card, and OTP card to C at the front of the above bank. From September 9, 2015 to September 10, 2015, the Defendant transferred the access media, such as passbook, cash card, and OTP card, to the account under the name of “D” on seven occasions from September 9, 2015 to September 10, 2015.
2. Violation of the National Sports Promotion Act (replacement, etc. of gambling) (hereinafter “site operators”) committed by the Defendant in collusion with those under his/her name (hereinafter “site operators”) from September 10, 2015 to January 4, 2016, the Defendant opened the website “F,” a site where the “sports soil” was boomed under the National Sports Promotion Act from around September 10, 2015 to around January 4, 2016, and filled with game money by receiving money from its members and charging money from its members, thereby leading its members to visit the said site and proceeding in Korea and abroad.