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대구지방법원 2018.02.09 2017노5375
국민체육진흥법위반(도박개장등)등
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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (the Defendants’ imprisonment and two years and six months, and additional collection) is too unreasonable.

2. The Defendants were led to confession and reflect of each of the instant crimes; Defendant A was only aware of the instant crimes around October 21, 2016; Defendant B voluntarily surrendered to the police around August 29, 2016 to cooperate with the investigation into the instant crimes; Defendants did not have any record of punishment for the same crime; Defendant A had any family member to support each of the instant crimes; Defendant A had no record of being able to support each of the instant crimes; and Defendant A had no record of being able to health due to diveverte invert.

However, the defendants opened illegal gambling sites in Vietnam for a period of more than 2 to 3 years. Such illegal gambling sites are promoting a majority of citizens' spirit of gambling and causing serious damage to the finance and life of users by causing gambling addiction.

Defendant

B appears to have operated the site as a general manager of the interest of the founders of illegal gambling sites. Defendant A was employed by Defendant B as a program manager of illegal gambling sites, and he thereafter opened and operated an illegal gambling site.

Defendant

A not only commits the illegal gambling site directly established and operated, but also commits the crime with Defendant B, it is highly likely to be subject to criticism by playing a key role in the operation of the site.

The scale of gambling funds deposited in each gambling site of this case is also reasonable.

In the crime by the opening of such gambling sites, profits are calculated by deducting the amount of money generally deposited gambling funds from the amount of money deposited. In the case of Defendant B, there is no data to accurately calculate the full amount of the refund, but the profits are calculated on the basis of 5% lower than the average return rate.