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(영문) 대구지방법원 2018.07.12 2018고단604
국민체육진흥법위반(도박개장등)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year and two months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

1. No person, other than an entrusted business entity, who violates the National Sports Promotion Act (such as opening, etc. gambling) or who is not a national sports promotion corporation or an entrusted business entity, shall issue (including issuing through an information and communications network) sports promotion voting rights or things similar thereto and provide property or property benefits to persons who win the result;

Nevertheless, the Defendants opened an illegal sports soil site and recruited its members, and Defendant B analyzed the winning rate of domestic and foreign sports games, based on the analysis above, and Defendant A conspired to divide profits by allowing its members to enjoy money in the sports games and to participate in betting.

Accordingly, on December 1016, 2016, the Defendants paid three million won in cash from the person under whose name they came to know through the Internet as a policeman, and purchased an illegal sports soil site (D) holding a server in the Philippines, and opened a gambling site in the name of "E", and then opened the gambling site from January 10, 2017.

3. Until April 3, 200, 11 members, including F, calculated the dividend rate of the domestic and foreign sports games, which are registered in the overseas gambling site, etc. at the Daegu Hostel site, and had 11 members, who join the said site, deposit an amount of KRW 265.8 million into the agricultural cooperative account in the name of the KUG in the charge of the “E” site, and received dividends in accordance with the results and dividend rate of the sports games.

Accordingly, even if the Defendants are not the Seoul Olympic Sports Promotion Foundation and the entrusted business entity, they committed an act of providing property or property benefits to those who correctly predicted the outcome, and at the same time set up a space for gambling for profit-making purposes.

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