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(영문) 서울중앙지방법원 2016.09.08 2016고단2994
국민체육진흥법위반(도박개장등)
Text

Defendant

A Imprisonment for 10 months, Defendant B’s imprisonment for 6 months, and Defendant C shall be punished by a fine of 5,00,000 won.

Defendant .

Reasons

Punishment of the crime

No one shall design, manufacture or distribute a system of issuing sports betting tickets or similar by means of information and communications networks, or provide such things to the public for use.

Nevertheless, from May 8, 2015 to January 7, 2016, Defendant A performed the production of a gambling site, the development of a soft code, the site management, and the production of a web design at the request of the gambling site operator from around the Nam-gu Incheon Metropolitan City from around May 8, 2015. From around September 2015, Defendant B was an employee in charge of managing the issues such as the distribution of gambling sites, money deposit and hacking, hacking, and the database, etc., Defendant C was employed as an employee in charge of the gambling site web design from around November 2015 to around January 7, 2016, the Defendants each employed Defendant C as an employee in charge of the gambling site design, and the Defendants received KRW 3001 from the above K building 301, as indicated in the attached Table 21, such as “LL”, a illegal sports soil site, and deposited the domain name in the account in cash or deposited it in the account of M. 20850,500.

As a result, the Defendants conspired to design, manufacture, and distribute a system that issues sports betting tickets or similar things through information and communications networks and provided them for public use.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's suspect interrogation protocol against the Defendants

1. Details of M account transactions;

1. Application of Acts and subordinate statutes of an investigation report (No. 12, No. 42, No. 46, No. 51, No. 70)

1. Article 48 subparagraph 4 of the National Sports Promotion Act and Article 26 (2) 1 of the same Act concerning the facts constituting an offense, and Article 30 of the Criminal Act;

1. Selection of the sentence against Defendant A and B: Imprisonment with prison labor and fine against Defendant C

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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