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(영문) 울산지방법원 2017.06.16 2017노438
국민체육진흥법위반(도박개장등)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (Defendant A: imprisonment of six months, fine of ten million won, confiscation, confiscation, and Defendant B: imprisonment of six months, fine of ten million won, Defendant C: fine of fifteen million won, and fine of fifteen million won) declared by the court below to the Defendants is too uneasible and unfair.

2. The Defendants operated the illegal sports gambling site and paid dividends to the members who received money as the betting amount from the members of the above site and predicted the result. The operation of the illegal sports gambling site is highly harmful to society, such as inducing a speculative spirit in our society to prevent many people from committing gambling and inducing other crimes to raise the gambling fund. The amount deposited through the illegal site of this case is up to KRW 00 million. The illegal site of this case was operated for a period of one year, the degree of the Defendants’ participation in the crime of this case is not less than that of this case, the Defendants also seem to have taken advantage of considerable profits in this case, the Defendants were punished against the Defendants for the same kind of electronic financial transactions, and the fact that Defendant A received punishment against Defendant A through the same electronic financial transactions to use it as the operating account.

However, the defendants recognize the crime of this case and reflect it, and the defendant C has no record of punishment for the same kind of crime, and the degree of participation is relatively minor, etc. are favorable to the defendants.

In full view of the above unfavorable circumstances and favorable circumstances, as well as the age, sex, environment, family relationship, motive and background of the crime, and circumstances after the crime, the lower court’s judgment is against the Defendants.

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