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A defendant shall be punished by imprisonment for not less than eight 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
Punishment of the crime
B The website is the most likely site to make an investment in the “FX M&D” that realizes profit from the purchase or sale of the English Lb (GBP) and Australia (AUD). If members choose one-minute or five-minutes to buy and buy money, then the site operator will pay 1.86 times the betting amount to its members and bring 13% (6% of the betting amount, 1% of the sales amount, 6% of the sales amount, and 6% of the sales amount) out of the commission, and if the result is not clear, the site operator will bring about the total amount of betting amount. It is a gambling site that determines the acquisition and loss of lost goods and property by chance.
On December 10, 2019, the Defendant paid KRW 10 million to C, who is the above site operator, and agreed to receive 6% of the amount paid in cases where the members recruited by the Defendant’s franchise store sold betting results in the above site and sold the betting results in the above site as commission. From the above day to March 29, 2020, the Defendant allowed 112 members recruited by the above franchise store, such as E, to buy money by accessing the above site, and received KRW 69,338,542 from the above C, etc. as commission.
Accordingly, the Defendant, by facilitating the crime of opening a space for gambling by the above C, etc. for the purpose of profit-making.
Summary of Evidence
1. Statement by the defendant in court;
1. Copy of each protocol concerning the examination of the police officers in F, G, and H;
1. Business registration certificate and certificate of commission;
1. Screening pictures after closures, such as screen pictures, opening and withdrawing methods, introductions, charging account guidance, announcement items, etc. on the B-site;
1. Copies of the Supreme Court Decision 2012Do9660 Decided January 1, 201
1. Each investigation report (this case’s investment method, revenue structure, and precedent) is on the I website.