A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

[2012 Highest 11]

1. No one, other than the Seoul Olympic Sports Promotion Foundation, the Korea Sports Promotion Foundation in violation of the National Sports Promotion Act, and entrusted business entities, shall issue a ticket to grant a refund (or a ticket to a person who correctly predicted the result of a sports competition, one sports ticket, or similar act;

Nevertheless, the Defendant and his name-free boxes, and D conspired to operate a private sports climate site using the Internet in consecutive order. On August 2009, the name-free persons and D opened a gambling site similar to the sports soil, on the Internet, and announced them by sending text messages leading them to join the said site using personal information from a large number of individuals acquired through an influence. Upon receiving such text messages, the Defendant received 18 cyber money from the F, etc. affiliated with the said site, from G bank account H, etc., and then paid the corresponding cyber money to the said website, and then, paid it to the investors, such as the sports promotion voting at the said site, and sent the money to the said website by means of predicting the results of the games in the form of a sports game, such as winning, winning, cutting down, cutting over, and taking over hand-on, and taking part of the proceeds from the games, and then, the Defendant received the money from the account’s name and money deposited in the account by means of money transfer from the said website to the said investors.

As such, the Defendant, in collusion with D, operated the said sports soil site and operated the said sports soil site from August 2, 2009 to July 25, 201, using a total of 18 shock accounts from August 2, 2009 to July 25, 2011, paid in total of KRW 26,443,427,250, such as the list of crimes (Ⅰ).