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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
No one shall design, produce, distribute, or provide for the public to use a system that issues sports promotion voting rights or things similar thereto through an information and communications network.
Nevertheless, D, from January 2014 to December 2015, operated a private sports gambling site for the production and sale of E in the e-sports gambling site from the Ma-gu, Gyeonggi-si, Gyeonggi-si, 2015, and designed and produced a sports gambling site at the request of those in the name of the people who want to operate the illegal sports gambling site, and provided them for sale and distribution or management so that they can be used by the public.
From January 2014 to December 2015, the Defendant: (a) from the G office operated by the Defendant in Bupyeong-gu, Incheon; and (b) from the Japanese server, the Japanese server offered by the Defendant via the Defendant to several times the rents, etc. compared to the domestic servers; (c) on the other hand, from the knowledge that the illegal site operators, such as the sports gambling site, etc., were mainly used by the investigation agency due to the lack of IP tracking by the investigation agency, the Defendant provided the Japanese server to the said D; (d) made the illegal sports gambling site by providing the Japanese server to the said D; and (e) sold or managed it to the victims of name; and (e) received management expenses of KRW 350,000 per each server from the said D to the national bank account (H) and new bank account in the name of the Defendant, and the national bank account (K)
Accordingly, the defendant tried to produce and distribute a system that issues sports promotion voting rights or similar things by the above D, or provide it to the public for use.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspects of D by the prosecution;
1. Statement made by the prosecution with regard to D;
1. Application of Acts and subordinate statutes on deposit details;
1. Article 48 subparag. 4 and Article 26 subparag. 2 subparag. 1 of the Act on the Promotion of National Sports for Criminal Facts, and Article 26 subparag. 1 of the Criminal Act.