(영문) 서울중앙지방법원 2010.10.22.선고 2010고합767 판결

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Cases

Defendant

Prosecutor

Defense Counsel

Imposition of Judgment

Text

Reasons

Judges

Site of separate sheet

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글꼴

크기(pt)

굵기

줄 간격

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집행유예

(영문) 서울중앙지방법원 2010.10.22.선고 2010고합767 판결

가.사기·나.공갈·다.뇌물공여·라.뇌물공여의사표시·마.업무방해·바.상습도박·사.배임증재·아.배임증재미수·자.배임수재

Cases

2010Gohap767 A. Fraud

(b) Magion;

D. Expression of intent to offer a bribe

(e) Interference with business;

(f) Habitual gambling;

(g) Property in breach of trust;

(h) Attempted Misappropriation;

(i) Property in breach of trust;

Defendant

1. (a) . (c) . (f) . (g. h. h. h. h. h. h. h. - g. o (0000 - 0000), free of duty;

OOOOOOOOOO in Young-gu, YOOOO

Suwon-si, Suwon-si, ○○○○○○○○

2. (a) . (c) . d. f. h. h. h. h. h. g. h. h. h. original ○○ (000 - 00000), free of duty;

Housing Ansan-si, OO0000

○○○○○○○

ProfessorOOO in the case of the place of registration

3. A. e. (f) . Ma-O (0000 - 00000 - 000) ○○○○○○.

A stable player;

Residential Seoul Dong-dong ○○○○○○○○○○○

Specialized registration place: ○○○○○○○○○○○○○○○

4.A.D.ma.S.O. (000-000000), protomers

Residential human resource size: 00000000

【OOOOO in Daegu hydro-gu whose place of registration is

5. A. (f) GambO (0000 - 00000 - 000) and O mutual savings banks;

Housing Bupyeong-gu Incheon OOOOOOOOOOOOOOOOOOOOOOOOOO

○ Does

○○○○○○○ in Mapo-gu Seoul Metropolitan Government

6.(a) . (f) Ma-○ (0000 - 000000), free of duty;

Ulsan-dong-gu ○○○○○○

USOOO0000 on the place of registration;

7. (a) f. ○○ (0000 - 000000), free of duty;

OOOOOOOOOOOOOOOO in Seoul Special Metropolitan Gwangjin-gu

Jung-gu Seoul Central District Court ○○○○○○

8. (a) . (f) ○○ (0000 - 000000), self-employed

Housing Jinju, OOOOOOOOOOOO

Cheongbuk-do, Cheongbuk-do, ○○○○○○○○○○○○○○

Prosecutor

Park Jong-man

Defense Counsel

Attorney Hong Hong-chul (Attorney Park Hong-soo, Counsel for the defendant Park Hong-soo)

Law Firm LAW (private ships for Defendant 1’s original ○○)

Attorney Seo Il-sung in charge

Law Firm Spanman International (private line for Defendant 1’s ○○)

Attorney in charge

Attorney Kim Yong-deok (Apon for Defendant M○○)

Law Firm Central Ratification (private ships for Defendant Park ○○)

Attorney Cho Jae-soo in charge

Imposition of Judgment

October 22, 2010

Text

Defendant Park ○, and ○○○, respectively, shall be punished by imprisonment for up to a year and six months, by imprisonment for up to ten months, by imprisonment for Defendant Park ○, by imprisonment for one year, by imprisonment for Defendant Park ○, by imprisonment for up to eight months, by imprisonment for Defendant Park ○, by imprisonment for up to a maximum of ○, and by imprisonment for up to six months.

However, from the date of the final judgment of this case, the execution of each of the above punishment is suspended for three years with respect to the defendant Park ○ and the original ○○, and for two years with respect to the defendant Park ○,Ma○, and Park ○, respectively, and for one year with respect to the defendant Park ○, the last ○, and Lee ○○, respectively.

Defendant Park ○, ○○, and Ma○ order each of 120 hours to provide community service to Defendant Park ○, ○○, and Ma○.

Defendant Park ○, ○○, ○○, Ma○, Ma○○, Ma○○, Ma○○, Ma○○, and ○○○, respectively, orders each of 40 hours to attend a curriculum for gambling treatment.

3,000,000 won shall be additionally collected from Defendant ○○○○○○.

Reasons

Criminal facts

1. Defendant’s gambling ○

Although the Defendant knew of the fact that the promen of the life group belonging to the Korea e-sports Association had a duty to carry out the players' activities in good faith and sincerity by exerting his own ability and function, the Defendant, despite of being aware of the fact that he had a duty to carry out the players' activities in good faith, she puts a plaque on the Internet betting site for the ○○○○○○ Game, and intended to give money to the players who participate in the games,

Recognizing the result of the game, the money was raised in a way of betting.

(a) Misappropriation evidence, attempted misappropriation evidence, offering of a bribe, indication of intent to offer a bribe, and interference with business;

On September 4, 2009, the Defendant, along with pro-Ma Kim Jong-chul, tried to sell betting money on the betting site for ○○○○○○○○ Games, an OOO 000OO, which was known to the Defendant on early September 2009. On September 4, 2009, the Defendant intended to offer money to the KRW 3 million on the betting site for ○○○○○○○○○○ Games. “The Defendant made an illegal solicitation with regard to the duties of the original ○○○○○○○○○○○, and the original ○○○○○○, which accepted such solicitation, remitted KRW 3 million to the account of the original ○○○○○○○○○○○○○○○○○○ on the same day.

Accordingly, in collusion with Kim○-○, the Defendant offered property by making an illegal solicitation as to the duties of the original ○○○○○○○○○○○○○, in collusion with Kim○-○ and original ○○○○○○○○, thereby interfering with the affairs relating to the normal operation of the said game by deceptive scheme as described in attached Table 1, as described in attached Table 1, the Defendant conspired with Kim○○, original ○○, and Ma○○○○, and made an illegal solicitation as to the duties of the fluss money, such as gate○, and made an illegal solicitation from around February 2010 to around February 201, and provided property or made an attempted offer, or made an expression of intent as to the duties of Kim○○○, who is a public official, a bribe in relation to the duties of Kim○○○, who is a public official, was offered or made, and obstructed the duties of the flusing company by means of deceptive scheme, such as gate○, ○○, and flus.

(b) Fraud;

The defendant purchased protoo money as described in the above paragraph A with Kim ○, and fabricated the result of his winning in advance, and conspired in advance to walk money on the game gambling site without knowledge of the fact, to acquire dividends given to the winners in accordance with the result of the game, and then on September 4, 2009, he was aware of the fact that the original ○○○, an accomplice, intentionally failed at the off-line team evaluation team with Lee ○○○, but did not know of the result of his winning in advance, and he was sent money to the above game under the name of the victim and then received KRW 1,0560 from the above site operator under the pretext of the dividend, and received KRW 81,560,00 from each of the above 381,560,000,000 from the above site under the name of the defendant, and received KRW 1,056,00 from each of the above site under the name of the above 1,5660,000.

Accordingly, in collusion with Kim○○, ○○, ○○, Ma○, and Ma○○, the Defendant received KRW 8,6850,000 as dividends by deceiving the operators of each of the above website who did not know of the above manipulation (in the case of fraud, at least the amount of damages should be specified for each victim, but the amount of damages by each of the sites damaged for convenience is divided into 1-1 of the annexed list of crimes committed for each game in which the manipulation was made).

C. On December 10, 2009, the Defendant: (a) called “○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, which is located in Suwon-si’s transfer-dong around December 10, 2009; and (b) called “○○○○○○○○, which is located in four days, gate○○○○, and Kim○○○○○○○○○○○○, where she would interfere with the winning operation; and (c) did not comply with the promise. There have been many damages on the betting day. There have been a lot of damages on the betting day. Unless otherwise, the Defendant: (a) sought from the manager of the Lan○○○○○○○○○○○○○; and (b) sought from the manager of the Lan○○○○○○○○○○○○○○; and (b) made the Defendant’s operation of the knick.

As can be seen, the Defendant: (a) 2 million won from the victim’s door ○○, 1.5 million won from the victim’s door ○○; (b) 1.5 million won from the victim’s door ○○; and (c) 2.3 million won from the original ○○○.

12. Around November 12, 201, the Defendant was transferred to the Defendant’s account. (2) On February 2010, 2010, the Defendant ○○○○○○○ in Seocho-gu, Suwon-gu, Suwon-si, Suwon-si, who paid money in return for the above operation of the passenger. The Defendant ○○○○○, who paid money in return for the above operation of the passenger, judged that “I and Ma-gu have suffered a lot of damages while doing sports. In particular, the fact that the Defendant was fluored by finding the supervision of the pest team by taking advantage of the fluor-gu, and the fluor was fluored.”

The Defendant was transferred KRW 2.5 million from the Defendant’s account around February 12, 2010 to the Defendant’s account, where the Defendant boomed the victim’s gambling ○○, and was frightened.

(d) Habitual gambling;

On July 1, 2009, in a case where the Defendant was to become a member of the illegal gambling site, with money from sports events such as camping districts, stables, deaf-gu, and OOOOOOOO, and thereafter was to go on the betting box, the Defendant habitually w, from that time to April 12, 2010, w, through a method of receiving dividends under the name of winning in accordance with the set dividend rate, and through a method of gambling, from that time, from that time, until April 12, 2010, w, w, www.com, www. www.com, www. 000, www. www, www.com, w. 000, www. www, w. 00, w.com, w. 000, w.com, w. 000, w. 277, 797, 2000.

2. Defendant’s original ○○

(a) Acceptance of property in breach of trust, interference with business;

The Defendant is a protruding machine belonging to the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ in a way that he had a duty to carry out a player’s activities in good faith and sincerity by performing his own ability and functions under a contract with the foregoing club. However, on September 4, 2009, the Defendant received an illegal solicitation from ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on the betting site, which was known as having been around September 4, 209 and received KRW 3 million from ○○○○○○○○○ account on the same day.

As a result, the Defendant, who is in charge of the affairs of the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, acquired property in response to an unlawful solicitation in connection with his duties, and obstructed the affairs concerning the normal operation of the OOOO (ju) that hosted the said game in collusion with Kim○○ and Park○○○○○○.

(b) Misappropriation evidence, attempted misappropriation evidence, offering of a bribe, expression of intent to offer a bribe, interference with business;

On September 2009, the Defendant: (a) conspiredd with ○○○○ in a way that was scheduled to engage in a game with ○○○○ and the instant games on September 20, 2009; (b) decided to operate a betting event; and (c) transferred money to ○○○○○○ Game, which was subject to an illegal solicitation as to the duties of ○○○○○○○○○○○; (b) transferred money to 25 million won to ○○○○○’s account on September 21, 2009, when ○○○ and ○○○○○ who accepted such solicitation made an illegal solicitation as to the duties of ○○○○○○; and (c) transferred money from ○○○○ and ○○○○○’s professional head office and head office, in a way that the e-sports game organized by the Korean Sports Association did not properly carry a traw trawl to 2,500,000 won.

Accordingly, the Defendant made an illegal solicitation in collusion with Kim ○, Park ○, and Park ○○, and offered property in connection with the duties of the Park ○○○○, and obstructed the affairs of the Korea e-sports Association, such as the aforesaid fraudulent scheme, in collusion with Kim ○, Park ○, and Park ○, and in collusion with Kim ○○, Park ○, and Park ○, committed an unlawful solicitation in connection with the duties of the e-sports Association from around September 4, 2009 to February 2010, the Defendant interfered with the duties of the e-sports Association, such as the Korea e-sports Association, in collusion with Kim ○, Park ○, and Park ○, and Kim ○, a public official, by making an illegal solicitation in connection with the duties of the public official, and either giving or attempted a bribe or expressing the intent of offering a bribe in relation to the duties of the public official.

On December 31, 2009, the Defendant: (a) requested Gain ○○ through Ma○○, an accomplice, in advance with regard to “○○○○○○○○○○○○○○○,” on December 31, 2009, with regard to “before ○○○○○,” and requested Gain ○○, an accomplice, to do so; (b) informed Ga○○○, who was aware of the fact of the operation of the Gaon around the end of December 2010, to raise money to this end; and (c) let ○○○○○, who wired money from the Defendant to ○○○○○○○○○○, and let ○○○○○○, who operated the Gaon ○○○○○○○, receive money from the Defendant to ○○○○, who was named the victim’s name and operated the Gaon ○○, and provided that ○○○, who was named the ○○○○, etc.

○ This means to earn money from the operators of the above site so that 18,183,648 won can be transferred from the operators of the above site to the account of ○○○○, 5,500,000 won to the account of ○○○○○○, and 9,000 won has been transferred to the account of ○○○○○○, and 2,000 won has been transferred from the above game site to the account of ○○○○○, and 1,90,000 won has been transferred from the account of ○○○○, and as seen above (see attached Table 1-1-6 No. 6 of the List of Offenses Act) for the operation of the victim’s name and unsick boxes, as set forth above, 2-1,8,150,648 won has been transferred from each game site as dividend under the above method.

As a result, in collusion with Kim○-○, Park○-○, Ma○, Park○, Park ○, Park○, Park ○-○, ○○○, Lee ○○○, and Jin-○, etc. who participated in the above manipulations, the Defendant received KRW 188,150,648 in total as dividend by deceiving the operators of each of the above site who did not know of the above manipulations, and received KRW 13,385,00 among them, and received KRW 26,330,00 for the Defendant’s share (in the case of fraud, at least the amount of damage by each victim should be specified. For convenience, the amount of damage by each site was divided into 2-1 of the annexed list of crimes committed on the part of the Defendant).

(d) Habitual gambling;

On August 11, 2009, the Defendant: around 11, 2000 www, on a line of gambling, such as line, sent money to Park○○○ by way of receiving dividends under the pretext of betting, and carried out gambling by way of habitually receiving dividends on a line of money at around 000, www.com on August 11, 2000, www.com on a line of gambling: 88/pec: 0000,com on a line of gambling: 000, 0000, 000. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 0. 1. 1. 1. 1. 1. 1. 1. 200, 200, 200. 1. 1. 1. 1. 1. 1. 1. 1. 1. 2

3. Defendant 1-○○

Although the Defendant knows that the promen of the teams belonging to the Korean e-sports Association had a duty to perform the players' activities in good faith and sincerity by demonstrating his or her ability and function, he or she, despite being aware of the fact that he or she has a duty to perform the players' activities in good faith, takes a plaque for the OOO games at the e-sports site, and gives money to the players who participate in the games and intentionally put them in the games.

Recognizing the result of the game, the money was raised in a way of betting.

(a) Giving property in breach of trust, interference with business;

On December 11, 2009, the Defendant: (a) ○○○○○○○○○○○○○○○○, a protruding machine affiliated with the former 000 club, issued KRW 3 million on a game to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, which was known to the Defendant, for the purpose of doing so; and (b) on December 11, 2009, the Defendant issued KRW 00,000,000 to ○○○○○○○○○○○○○○○○○○○○○○, a protruding machine with the former 00 ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on a given way that the Defendant did not properly put a handcil over at around 16 lux games around December 30, 209.

Accordingly, in collusion with Ma○○○, the Defendant made an illegal solicitation on the duties of Ma○○○○, and provided property, and in collusion with Ma○○ and Jin○○○, the Defendant obstructed the affairs concerning the normal operation of ○○○○○○○○ (State) that hosted the said game by deceptive means as above.

(b) Fraud;

On December 11, 2009, the Defendant told ○○○ to the effect that ○○ would intentionally cause O000 - From around ○○○○○○○○○○ around December 11, 2009, the Defendant received 3 million won on the game gambling site of ○○○○○○○○○○ operation of the victim’s nameless boxes, and 3 million won on the game gambling site of ○○○○○○○○○○ operation of the victim’s nameless boxes, and 1.6 million won on the game gambling site of ○○○○○○○○○○’s nameless boxes, each of which was 1.6 million won on the victim’s and site’s name and 1.6 million won on the said game site of ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ KRW 45 million on the part of the victim’s sites.

Accordingly, the Defendant, in collusion with M○○ and Jinjin○, did not know of the above manipulation of the winning, thereby acquiring property benefits in the form of charging 12 million won in total as dividend.

On July 26, 2009, the Defendant joined the gambling site, such as ○○○○, etc., which is an illegal gambling site, carried out betting money, and carried out a betting ticket, then gambling was conducted by means of receiving dividends under the name of winning money according to the fixed dividend rate, as well as habitually accessing the gambling site, such as ○○○○, ○○, and ○○○○○, etc. from around January 19, 201 to around January 19, 2010, by betting the total amount of KRW 41,219,00 won.

4. Defendant Ma○○

A. The Defendant, on December 2009, intentionally offered money in the game from Mana○○○ on the ground that the Defendant intentionally offered money to the Defendant, i.e., giving rise to a breach of trust, interference with business, offering of a bribe, or expressing intent to offer a bribe (1).

Around December 12, 2009, Jin-○, a part of ○○○○, ○○○, her horse, she sees that “I am betting in the instant ○○○○ Game,” and that “I am going in the instant game at KRW 3 million if I am in the instant game.” “I am in the instant way, I am in the instant way in which I am in the instant way in the instant 16 lecture game, a protruding machine organized by OOOO on December 11, 2009, she failed in the instant way in which I am in the instant 00 Lone Star-gu 16 River games, which was 00 Lone Star-gu, a part of the instant 16 River games, received money from ○○ on December 12, 2009, 3 million won for Jin-O ○ in a mutual bit in the vicinity of Yeongdeungpo Station located in Yeongdeungpo-gu, Yeongdeungpo-gu.

Accordingly, in collusion with Ma○○○○, the Defendant made an illegal solicitation on the duties of Ma○○○○○○○, and offered property. In collusion with Ma○○○ and Jin○○○○○, the Defendant obstructed the affairs relating to the normal operation of the said game by deceptive means as above. (2) On December 2, 2009, the Defendant, who was under the direction of Ma○○○○○○○○, was in collusion with Ma○○○○○, thereby interfering with the affairs relating to the normal operation of the game. (3) The Defendant, who was under the direction of

31. After having interfered with the scheduled ○○○ in order to operate a game with Kim○ and the game, Jin decided to operate the game, “Cho○○ is doing sports betting on the ○○○○○ Game, which was held by the original ○○○○○○○○○○○, and 3 million won on the face of the week at Kim○○○○○○○○○○.” The purpose of this, “I made an illegal solicitation with respect to the duties of Jin○○○, which was accepted by Jin○○○, and failed in a way that the ○○○○○○○ ○○○ ○00, which was held by Kim○○○○○○ at the ○○○○○○○○○○○○○, which was held in Yeongdeungpo-gu on January 1, 2010, 300 won in a soft-dong store shopping mall in Yeongdeungpo-gu.

Accordingly, in collusion with Kim○-○, Park○-○, and Won-○, the Defendant made an illegal solicitation in connection with the duties of Jin-○○, and offered property, and obstructed the business of operating the normal games of 000 ○○○○ (State), which hosted the said games, in collusion with Kim○-○, Park○-○, and Jin-○○, thereby interfering with the business of operating the said games by deceptive means as above.

(3) On January 18, 2010, the Defendant: (a) between 100 and 100, the Defendant, who received instructions from Gabbbing ○○.

After engaging in the operation of ○○○○ and the game, he/she decided to interfere with the operation of ○○○ and Kim○, who is a public official belonging to ○○○○○○○○○○○○○○○○○○○○○, in which the sentence imposed upon ○○○○○○○○○○○○, betting amounting to KRW 2 million on the betting day before ○○○○○○○○○○. “The purpose is,” and the accepted ○○ was failed in a way that he/she did not properly flowlls in the proteg games held by the Korea e-sports Association, and on January 19, 2010, he/she provided 200,000 won to ○○○○ in Yongsan-gu by receiving money through Kim○○, Park○○, and ○○○○○○.

Accordingly, the Defendant offered a bribe in connection with his duties to Kim○, in collusion with Kim○, Park○, and Won○, to Kim○, and interfered with the affairs relating to the normal operation of the e-sports Association, which held the said game in collusion with Kim○, Park○, Won, and Kim○, as seen above. (4) On January 2010, the Defendant decided to operate the e-sports Association’s normal operation of the games, which held the said game in collusion with Kim○, by means of a deceptive scheme. On the other hand, the Defendant agreed to operate the e-sports with the original ○○, who received instructions from Park○ on Ha-○, on a more different occasion between Kim○ and the original ○, who received orders from Park○, and then, ordered Kim○, ○○, to give money upon the request of a supervisor so that he can move the e-○ to the third e-○, a team to the third e-○, thereby doing so. The Defendant, in collusion with the head of the e-○○○○.

The intention of grant was expressed.

C. Fraud (1) The Defendant proposed ○○○○○○○○○ on the date and time specified in paragraph (1) of Article 4-A to intentionally offer to the Defendant at ○○○○○○○○○○○○○○○ on the game gambling site of “○○○○○○○○○○ in the name of the victim who was not killed and wounded,” and 3 million won on the game gambling site of “○○○○○○○ in the name of the victim,” 3 million won on the game gambling site of “○○○○ in the name of the victim,” 1.6 million won on the game gambling site of “○○○ in the name of the victim and the website,” and 1.6 million won on the game gambling site of the victim and the website of the above game, and ○○○ in the name of the victim, who was aware of such circumstances through the Defendant, was unaware of the dividend, and ○○ in the victim’s name.

○○ KRW 4.5 million from the website, and KRW 3 million from the victim’s nominal game gambling site, respectively, were received as a charge, and KRW 7.7 million from which it was actually remitted to its account.

As a result, the Defendant, in collusion with Cheong○○ and Jinjin○, did not know of the above manipulation of the winning, thereby acquiring property benefits in the form of charging 12 million won in total as dividend.

(2) The Defendant proposed that ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on the date and time indicated in paragraph (2) of this Article intentionally gave rise to such circumstances. The Defendant pretended that ○○○○○ and ○○○○○, which was known in advance through the Defendant, was aware of such circumstances and was given money in normal games, and Park○○○○’s w.com with the Defendant’s name and operation of the victim’s unclaimed box: (a) 4 million won was sent to ○○○○○○○○○○○○○○○○○ on the instant game; (b) ○○○○○○○○ on the said game, on the said dividends, transferred KRW 8.76 million from the above site operator on the said pretext (in the case of fraud, at least the amount of damages by each victim should be specified; (c) ○○○○○○○ on the convenience of 16 sets out KRW 00,000.

Accordingly, the Defendant, in collusion with Park○-○ and Won-○○, did not know of the above manipulation of the winning, and received a total of KRW 1,476,00 from the above site operators as dividend.

(3) The Defendant proposed that ○○○○○○○○○○○○○ - ○○○○○○○○○○○○ on the date and time indicated in paragraph (3) of this Article intentionally gave rise to such circumstances. The Defendant pretended that ○○○ and ○○○○, which was known through the Defendant, was aware of such circumstances and paid money in normal games, and Park○○○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○.

Accordingly, the Defendant, in collusion with Park○-○ and Won-○○, did not know of the above manipulation of the winning, and received a total of KRW 19,060,00 from the above site operators as dividend.

5. Defendant’s gambling ○

(a) Habitual gambling;

On January 1, 200, the Defendant: www.com, which is an illegal gambling site, through Internet advertising around January 200, with the results of the games in the fields, such as camping districts, stables, deaf-gu, and ○○○○○○○○○○, etc., as well as gambling by means of receiving dividends under the name of winning money according to the fixed dividend rate, and habitually gambling from that time until April 16, 2010, when he w.com, www.com, www.00, www.00:com, www. 88/pepe, etc., connected to the gambling site, and 408,873,906 won in total, by means of betting under the above methods.

Around October 2009, the Defendant listened to the speech that ○○○○○○○○○○○ Kaf, which ○○○○○○○○○, known through the Defendant’s ○○○○○○○○○ Kaf, that ○○○○ ○○ ○○○ ○○○○ ○○○○○ ○○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○ ○○ ○○ ○○ ○○ ○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○○ ○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ was making a payment.

On November 22, 2009, the Defendant: (a) knew in advance of the fact that ○○○ was to refrain from ○○○○○○ ○○○○ ○○○○ ○○○○○ on the day, and (b) pretended to have never known in advance the result of his winning; (c) received money transferred from the Defendant’s money and KRW 1,130,000 from the above site operator on the day to ○○○ ○○ ○○ ○○ ○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

As a result, the Defendant conspired with the original ○○○ and received KRW 53,450,648 in total as dividend by deceiving the operators of each of the above sites who did not know of the above manipulation. Among them, the Defendant 16,530,000 won and received KRW 32,820,648 as Defendant’s share (in the case of fraud, at least the amount of damages by each victim should be specified, and the amount of damages by each of the damaged sites for convenience is divided into KRW 3 in the list of crimes committed in attached Table 3).

6. Defendant fixed-scale ○○

(a) Habitual gambling;

On October 209, the Defendant: www, a member of the gambling site, entered the w.com on 000, with the results of sports events, such as camping districts, stables, deaf-gu, and OOOOOOOO, carried out gambling by means of receiving dividends under a certain amount of dividend; from that time to April 2010, the Defendant habitually w.com on w. from that time, from that time, until April 201, w.com, www.com on w.00, w. 00, w. 000, and w. 70 won by accessing the gambling site such as line, and then gambling by means of betting at total 43,95,70 won.

(b) Fraud;

The Defendant listens to the speech that ○○ and ○○○○○○○○○○○○○○○○○○○○○○, and received information from him in advance, in order to obtain dividends from the winners by means of receiving money from the winners on the game gambling site. Park○ and ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s game winning

The dividend received and sent the share to Park○-○ and Won-○○.

On November 22, 2009, the Defendant: (a) knew in advance of the fact that ○○○ and ○○○○○○ was to take the Defendant’s seat in the instant game on the day-to-day day (hereinafter “○○○”); (b) pretended to be unaware in advance of the result of the Plaintiff’s seat; (c) pretended to be a normal game that did not operate the ○○○○○○○○; and (d) received money transferred from ○○ and ○○○○○ on the line, etc. on the day-to-day day from around November 22, 2009; and (b) received a total of KRW 531,00 from the said site operator to the account under the name of the Defendant; and (c) received a total of KRW 670,000 from each game site under attached Table 4 under the said method, and received a total of KRW 946,66,000 from each game site under the name of the Defendant’s seat.

Accordingly, the Defendant, in collusion with Park○-○ and Won-○○, received a total of KRW 9,460,000 from each of the above site operators who did not know of the above manipulation as a dividend (in the case of fraud, at least the amount of damage should be specified for each victim, but the amount of damage by each of the damaged site for convenience was divided into Attached Table 4 for each game in which the manipulation was committed).

7. Defendant Maximum ○○

(a) Habitual gambling;

On July 10, 200, the Defendant w.com with an illegal gambling site around July 10, 200 and w.com with the results of the games in the fields, such as camping districts, stables, deaf-gu, and OOOOOOOO, and engaged in gambling by means of betting in totaling KRW 148,711,50,50 in accordance with the fixed dividend rate from that time to April 7, 2010.

B. Fraud (1) On December 30, 2009, the Defendant conspired 00 won from 00 won to 000 won on the above 0-day betting website, and then, he received 200,000 won from 10,000 won on each of the above 0-day betting sites and received money from 00,000 won on each of the above 0-day betting sites on December 31, 200 to 0,000 won on the victim’s name and 1.5,00 won on each of the above 0-day betting sites, and the Defendant received money from 0,000 won on each of the above 0-day betting sites on December 31, 209 on the victim’s name and 10,000 won on each of the above 0-day betting sites on the victim’s name and 1.5,000 won on each of the above 2-day betting boxes operated by 00,000 won on each of the victim’s.

8. Defendant Lee ○○

(a) Habitual gambling;

On April 29, 2009, the Defendant w.com with a member of the gambling site, and ○○○○○○○○○, etc., w.com, and w. In the event that the Defendant scambling in money and carried out betting, the Defendant scambling in a way of receiving dividends under the pretext of winning in accordance with the fixed dividend rate, and w. from that time to January 19, 2010, w.com, OOO ○○, ○○○○○○○, etc. by way of betting in total amount of KRW 16,124,00 by the above method of betting.

B. Fraud (1) On December 30, 2009, the Defendant came to know through the Internet ○○○○○○○○○○○○○○○○○○○○ website, and the Defendant promised to pay money to ○○○○○○ in return for a failure in the game. On the side of ○○○○○, he did not know of the fact, and asked for information fees on behalf of ○○○○○○○, and then collected KRW 2 million on the Internet ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and received KRW 2 million on each of the above ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s games, and received KRW 300,000 from each of the above ○○○○○○○○○’s games.

(2) On January 17, 2010, the Defendant: (a) around 00, up to KRW 100,000,000 on the above 0-site, “○○○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ 2.

Accordingly, the Defendant, in collusion with the original○○○, received KRW 2.9 million in total as dividend by deceiving the operators of each of the above site sites who did not know of the above manipulations on three occasions.

Summary of Evidence

1. Each legal statement of ○○○, Ma○, Ma○, Ma○○, Ma○○, Ma○○, and ○○○, respectively;

1. Each of the legal statements of the Defendant 1, 200 and 300

1. Each legal statement made by ○○○○○, Gab○, Jin○, original ○○, Ma○○, Ma○○, and Gab○○;

1. Each prosecutor's interrogation protocol on the ○○○, Kim○, Jin○, Kim○, and Defendant original ○○;

1. Entry of the accused ○○ and fixed-scale ○○ in part of the suspect interrogation protocol prepared by the prosecution 2 and 3 times;

1. Second prosecutor's protocol of interrogation of the accused ○○;

1. Each prosecutor’s protocol of statement concerning Kim○-○, Lee○-○, Lee○-○, Go○-○, Go○-○, Lee○-○, and Lee○-○;

1. Each analysis report;

1. Each investigation report (a suspect athletic field and road map verifying data, a copy, etc. of the contract, which is attached to ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s entry document, a copy of the contract, a text message is attached; a copy of the contract, which is attached to the suspect’s door-○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s account transaction document; a document attached to which the details of the account transaction were attached; a document verifying ○○○○○○ account’s account was attached;

1. Habitualness of the judgment: Recognition of dampness in light of the method of each crime and frequency thereof (Defendant Park○-○, ○○, ○○, Ma○○, Ma○, Ma○, Ma○, Ma○, Ma○, ○○, and ○○);

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant Park ○-○

Articles 357(2) and (1), 30(1), and 30(a) of the Criminal Act; Articles 359, 357(2) and (1), and 30(a) of the Criminal Act; Articles 133(1), 129(1), and 30(a) of the Criminal Act; Articles 133(1), 129(1), and 30(1) of the Criminal Act; Articles 314(1), 313, and 30(a) of the Criminal Act; Articles 347(1), and 350(1) (a) of the Criminal Act; Article 350(2) and (1) of the Criminal Act; Article 246(2) of the Criminal Act; Article 129(1), and Article 329(1) of the Criminal Act; Article 314(1), and Article 30(2)(b) of the Criminal Act;

B. Defendant Won-○

Article 357(1) of the Criminal Act; Articles 357(1) and 357(2) of the Criminal Act; Articles 357(1) and 30 of the Criminal Act; Articles 359, 357(2) and (1), and 30 of the Criminal Act; Articles 133(1), 129(1), and 30 of the Criminal Act; Articles 133(1), 129(1), and 30 of the Criminal Act; Articles 133(1), 129(1), and 30 of the Criminal Act; Articles 314(1), 313, and 30 of the Criminal Act; Articles 347(1) and 30 (Interference with Business) of the Criminal Act; Articles 347(1) and 30(1) of the Criminal Act; Article 246(2) and (1) of the Criminal Act; Article 246(1) and (2) of the Criminal Act; habitual gambling of the Criminal Act.

C. Defendant Defendant 1

Articles 357(2) and (1), 30(1), 314(1), 313, and 30(Interference with Business) of the Criminal Act; Articles 347(1) and 30(1) of the Criminal Act; Article 246(2) and (1) of the Criminal Act (Habitual gambling)

D. Defendant Ma○○

Articles 357(2) and (1), 30(1), 314(1), 313, and 30(a) of each Criminal Act, Articles 133(1), 129(1), and 30(1), 133(1), and 30 of the Criminal Act (the point of offering a bribe), Articles 133(1), 129(1), and 30 of the Criminal Act (the point of expressing the intent of offering a bribe), Articles 347(1), and 30 of each Criminal Act (the point of fraud)

E. Defendant Ga-○, Ma-○, Ma-○, Ma-○

Article 347 (1) of each Criminal Code (the point of fraud) and Article 246 (2) and (1) of the Criminal Code (the point of habitual gambling)

1. Commercial competition;

Defendant Park ○-○: Articles 40 and 50 of the Criminal Act (victim’s door-○, Kim○, and Won○○)

12. A punishment for each official contest on November 1, 200; a punishment imposed on the crime of extortion against the victim's original ○○, with the largest offense committed)

1. Selection of punishment;

In regard to the crime of conflict, fraud, offering of a bribe, expression of intent to offer a bribe, crime of interference with business, crime of misappropriation, crime of habitual gambling, crime of misappropriation, crime of misappropriation, crime of misappropriation, and crime of attempted misappropriation, each of the imprisonment penalties shall be

1. Aggravation for concurrent crimes;

A. Defendant Park ○-○

Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with Punishment and Punishment as provided for in the Act on December 11, 2009)

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

31. Jin○: www.com related to sports betting before Kim○○○, 000: 88/pe site, with the aggravated punishment for concurrent crimes as set forth in the crime of fraud on the pe site

C. Defendant fixed price

Article 37 former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed in a crime of fraud against ○○○○○○ site with the largest penalty)

D. Defendant Mara

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

31. Jin ○○: www-related mail betting staff on the betting site before Kim○○○, 6 million won on thecom site, aggravated punishment for concurrent crimes as set forth in the crime of fraud

E. Defendant Park ○○

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

31. Jin○: www.com related to sports betting before Kim○○○, 000: 88/pe site, with the aggravated punishment for concurrent crimes as set forth in the crime of fraud on the pe site

F. Defendant Jung-○

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

10. door ○○: www. Aggravation of concurrent crimes with the punishment prescribed in the crime of fraud against thecom site on the betting day before Kim○○-○.

G. Defendant Maximum ○○

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

31. www, 000, w.com site, as set forth in the crime of fraud, aggravated punishment for concurrent crimes.

H. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, which provides that the punishment and punishment of the defendant shall be the largest.

31. Jin○: www.com site on the betting day before Kim○-○○, w. 000, an aggravated punishment for concurrent crimes as set forth in the crime of fraud

1. Inclusion of days of detention in detention;

Defendant Park ○, ○○, and Ma○○○: Article 57 of each Criminal Act (Supreme Court Decision 2007HunBa25 Decided June 25, 2009)

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Orders to provide community service or attend lectures;

Defendants: each of the Defendants under Article 62-2 of the Criminal Act

1. Additional collection:

Defendant original ○○: Determination on the assertion of the Defendant and his defense counsel under the latter part of Article 357(3) of the Criminal Act

1. The defendant Park ○○ and his defense counsel;

A. Defendant Park ○-○ and his defense counsel recognized that they received money from the victims with regard to the crime of the crime of the crime of the crime of the attack. However, Defendant Park ○-○ did not have a heavy fact by referring to the following: “If ○○○, ○○, and Kim ○ does not give money to the victim or return money received during the broadcast, ○○ would not have the victim’s ○○, ○○, and Kim ○, by finding ○ to the team supervisor, and ○○ would have the victim ○’s ○ would not take advantage of the fact of the team manipulation.”

In full view of the following circumstances, ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s ○○○○○○ ○○○○○○○○○○○○○○ ○○○○ ○○○○○○ ○○○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○○ ○ ○ ○○ ○○ ○○ ○ ○ ○○ ○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○.

B. Bribery and expression of intent

Defendant Park ○ and his defense counsel asserted to the effect that Defendant Park ○ and his defense counsel provided money to public officials in relation to the games held by Kim ○, who are public officials belonging to ○○○○○○○○○○○○○○○’s game team (attached Table 1 Nos. 10, 11) and later, Defendant Park ○○ did not have conspired with regard to the crime of offering of a bribe and the crime of expressing intent of offering a bribe.

6. The lower court determined that Defendant 1 and Defendant 2’s ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○’s ballot. As such, Defendant 1 and Defendant 2’s ○○○○○○○’s ballot.

2. Defendant 1○○ and his defense counsel;

Defendant 1, 1, and his defense counsel received approximately KRW 6 million as a dividend through the betting method in relation to fraud, and delivered KRW 3,00,000 to Jin○ through Min○ through Min○, and received the remainder of KRW 3,00,000,000,000, or received KRW 12,000,000,000, including the principal, by betting KRW 7,60,00,000, but actually withdrawn money was 7,3770,000,000, and the remaining money could not be acquired due to the closure of the site. Thus, Defendant 1, 200, argued that it actually sustained the loss, and that part of fraud was attempted.

On the other hand, the defendant made a statement at the investigative agency that "the amount of the betting amount of KRW 7.6 million, including the principal, was paid to the amount of KRW 12 million including the principal, but the amount of the dividend was not withdrawn by receiving the total amount of the money deposited in the account, but only he was paid the amount of KRW 7.37 million with a part of the amount of the betting site as the deposit amount (the investigation record No. 1499). The following circumstances acknowledged by the above evidence, namely, ① the amount of the charge on the betting site may be remitted to the account, ② the amount of the charge on the betting site may be transferred to the account, ② the amount of the charge may be used as the money in the betting amount without remitting the actual money at the time of the betting, and the amount of the charge shall be deemed as property interest in the crime of fraud. The defendant received KRW 12 million in the form of the charge.

Therefore, Defendant 1○○ and his defense counsel’s above assertion are not accepted.

Grounds for sentencing

1. Defendant’s gambling ○

(a) The scope of punishment: Imprisonment with prison labor for not more than 15 years;

(b) Bribery applying the sentencing criteria (1)

○ Scope of sentence recommended on the sentencing criteria: Imprisonment with prison labor of six months to one year and six months;

【Special Convicted Persons】

(1) Aggravationd elements: Where the details of solicitation are related to illegal or unlawful execution of duties.

(2) Reduction elements: None.

[Types of Crimes] The expression of intent to offer a bribe in the category 1 (less than KRW 30 million) among the crimes of offering a bribe constitutes the aggravated scope of crimes of offering a bribe (2)

○ Scope of sentence recommended on the sentencing criteria: Imprisonment for 4 months to 10 months;

【Special Convicted Persons】

(1) Aggravationd elements: Where the details of solicitation are related to illegal or unlawful execution of duties.

(2) Reduction elements: Where they are involved in promising or expressing intent to grant.

[Types of Crimes] Criteria for multi-party crimes (3) corresponding to the basic area of Category 1 (less than KRW 30 million) among the Bribery Group (hereinafter referred to as the Bribery Group)

○ Scope of sentence recommended on the sentencing criteria: Imprisonment with prison labor of six months to one year and six months;

[Types of Crimes] Aggravation of Type 1 (less than KRW 30 million) among the Bribery Group

The criteria for sentencing shall be determined on the basis of the sum of the amounts of bribe for each crime of offering of bribe for which the sentencing criteria are set, and the range of sentencing range shall be selected as appropriate in consideration of all the circumstances among such types (4) the criteria for handling multiple crimes (this type of concurrent crimes

Between the crime of offering of a bribe and the crime of expressing intent of offering of a bribe for which the sentencing guidelines are set, the crime of fraud, public conflict, the crime of interference with business, the crime of habitual gambling, the crime of misappropriation, the crime of giving of a bribe, the lower limit is based on the lower limit of the punishment of offering a bribe for which the sentencing guidelines are set and the crime of recommending the expression of intent of offering

The defendant provided a player who participates in the ○○○ Game more than ten times to manipulate or manipulate a betting book by providing illegal money, using this to gambling at the Internet game gambling site, and thereby, the defendant provided a considerable pecuniary profit by gambling at the Internet game site. The defendant's act is so far as the panty trust in the so-called e-sports world, including the OOO game, is far away from the ground.

Considering the fact that the defendant seems to have suffered considerable damage, and the defendant threatened some players who participated in the manipulation of the winning and received money by taking advantage of the weak points of the manipulation of the winning, it is necessary to strictly punish the crime due to poor quality.

However, in light of all the circumstances such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence shall be determined as ordered in consideration of the following: (a) it appears that the defendant still plays a certain role in discovering and fostering game players; (b) it would have resulted in the crime of this case in a situation that is economically difficult because of its lack of proper profit or economic difficulty; (c) most of the criminal acts are recognized; (d) the elderly suffering from a serious disease; (e) it does not exist before and after the crime; and (e) the defendant's age, character and conduct, intelligence and environment; (e) the motive, means and consequence of the crime;

2. Defendant’s original ○○

(a) The scope of punishment: Imprisonment with prison labor for not more than 15 years;

(b) Bribery applying the sentencing criteria (1)

○ Scope of sentence recommended on the sentencing criteria: Imprisonment with prison labor of six months to one year and six months;

【Special Convicted Persons】

(1) Aggravationd elements: Where the details of solicitation are related to illegal or unlawful execution of duties.

(2) Reduction elements: None.

[Types of Crimes] The expression of intent to offer a bribe under the category 1 (less than KRW 30 million) in the category of the bribe offering crime group

○ Scope of sentence recommended on the sentencing criteria: Imprisonment for 4 months to 10 months;

【Special Convicted Persons】

(1) Aggravationd elements: Where the details of solicitation are related to illegal or unlawful execution of duties.

(2) Reduction elements: Where they are involved in promising or expressing intent to grant.

[Types of Crimes] Criteria for multiple crimes (3) corresponding to the basic area of Category 1 (less than KRW 30 million) among the Bribery Group (hereinafter referred to as the Bribery Group)

○ Scope of sentence recommended on the sentencing criteria: Imprisonment with prison labor of six months to one year and six months;

[Types of Crimes] Aggravation of Type 1 (less than KRW 30 million) among the Bribery Crime Group

Between the crime of offering of a bribe and the crime of expressing intent of offering of a bribe for which the sentencing guidelines are set, the crime of fraud, the crime of interference with business, the crime of habitual gambling, the crime of giving a bribe, the crime of giving a bribe in breach of trust, the crime of giving a bribe in breach of trust, the lower limit is based on the lower limit of the punishment of offering a bribe for which the sentencing guidelines are set

Although the Defendant, as ○○○○○○○○○○○○○○, ought to come to a fair and sincere level of panty members, he received money by accepting the Defendant’s illegal solicitation regarding Defendant Park ○○○○○’s manipulation in one’s games, and furthermore, he attempted to manipulate or manipulate the winnings by going to the outside ten times, using the above manipulation information, and by using Defendant Park○, Park○, and Park ○○, and Park ○○, and Park ○○, the Defendant made efforts to obtain dividends or information from Defendant’s maximum ○, ○○, and Lee○○, etc. by using the above manipulation information, taking into account the fact that e-sports’s confidence in the so-called e-sports games, including the Defendant’s above acts, appears to have suffered considerable damage to the e-sports market by taking into account the fact that the Defendant’s e-sports and e-sports, such as the fact that he/she had been aware of the fact that e-sports had been put to a high school, as an active game by setting.

3. Although it is necessary to strictly punish Defendant Jeong○○○○○○ with a large amount of money of KRW 41,219,00 for a six-month period, taking into account the following circumstances: (a) the Defendant Ma○○○○○ in collusion with Defendant Ma○○○○, which operated OOOOOO’s board and acquired certain property benefits by using the game gambling site gambling; (b) the Defendant’s overall recognition of and is against nature in committing the Defendant’s crime; (c) there is no previous charge; and (d) there are all other circumstances that conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., determining the punishment as ordered.

4. Defendant Ma○○

(a) The scope of punishment: Imprisonment with prison labor for not more than 15 years;

(b) Bribery applying the sentencing criteria (1)

○ Scope of sentence recommended on the sentencing criteria: Imprisonment with prison labor of six months to one year and six months;

【Special Convicted Persons】

(1) Aggravationd elements: Where the details of solicitation are related to illegal or unlawful execution of duties.

(2) Reduction elements: None.

○ Scope of sentence recommended on the sentencing criteria: Imprisonment for 4 months to 10 months;

【Special Convicted Persons】

(1) Aggravationd elements: Where the details of solicitation are related to illegal or unlawful execution of duties.

(2) Reduction elements: Where they are involved in promising or expressing intent to grant.

[Types of Crimes] Criteria for multi-party crimes (3) corresponding to the basic area of Category 1 (less than KRW 30 million) among the Bribery Group (hereinafter referred to as the Bribery Group)

○ Scope of sentence recommended on the sentencing criteria: Imprisonment with prison labor of six months to one year and six months;

[Types of Crimes] Aggravation of Type 1 (less than KRW 30 million) among the Bribery Crime Group.

The crime of offering of a bribe for which the sentencing guidelines are set, the crime of offering of a bribe and the crime of offering a bribe for which the sentencing guidelines are not set, the crime of fraud, the crime of interference with business, and the crime of offering a bribe for which the sentencing guidelines are not set, and the lower limit

Considering the fact that the Defendant’s act of running a so-called e-sports platform, including ○○○○○○○○○, with high recognition, took into account the fact that the Defendant took part in the game operation and the gambling site gambling by using the pande fair and sincere game, even though pande’s sexual desire should be seen as a fair and sincere game, and that the Defendant’s e-sports system, including ○○○○○○ Game, seems to have suffered considerable damage to the e-sports community, it is necessary to strictly punish the crime due to its poor nature.

However, it seems that the defendant was unable to complete his studies at the age of 1st grade in high school and went out without having an opportunity to learn sound social ethics, morality, etc. and to learn his body while working as a professional machine. The defendant seems to have never been individually given an opportunity to learn his body. The fact that he seems to fall into the rush of the rush manipulation in the situation where he was born during his continuous competitive process and was born in slot, he seems to fall into the rush of the rush of the rush manipulation in the situation where he was born during his continuous rush competition, and that he again falls into the rush of the rush, such as the beginning of his studies, etc., the fact that there was no history of previous punishment, and the fact that there was no history of past punishment, and all other circumstances, such as the defendant's age, character and behavior, intelligence and environment, motive, means and result of the crime, and the circumstances after the crime, etc., shall be determined as the sentence as ordered.

5. In light of the fact that the Defendant’s gambling ○○○ had a large amount of KRW 408,873,90 for a period of one year and three months, repeated gambling was conducted, and that the Defendant acquired certain property benefits using the game gambling site gambling information, it is necessary to strictly punish the Defendant. However, in the case of betting by using the OOOO game manipulation information, the Defendant is not first required to do so, but is allowed to participate in betting by hearing information about the winning manipulation from the Defendant’s original ○○○○○, and is taking part in betting by gathering information about the winning manipulation. The Defendant’s criminal act is recognized, and there is no record of punishment in the past, and there is no other accused’s age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence shall be determined as ordered, taking into account all the circumstances constituting the conditions for sentencing, such as the punishment after the crime.

6. In light of the fact that the Defendant’s ○○○○○○○○○○○’s ○○○○ ○○○ ○○○ ○○ ○○ ○○ ○ ○○ ○○ ○○ ○ ○ ○○ ○ ○ ○○ ○ ○○ ○ ○ ○○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○

7. Defendant Maximum ○○

In light of the following: (a) the Defendant has repeatedly engaged in gambling with a large amount of KRW 148,711,50 for a period of nine months; (b) the Defendant acquired certain property benefits by using information on the operation of the ○○○○○○○○○○○○○○○○○○○’s gambling site gambling; (c) on September 3, 2009, he/she was suspended from indictment due to gambling using the Internet website, but did not correct his/her behavior; and (d) continuously engage in gambling, and further caused gambling by using the OOOOO’s manipulation information. However, in the case of betting by using the OOOOO’s manipulation information, the Defendant does not first demand the manipulation; and (d) he/she has participated in the betting by hearing information on the operation of the ○○○○○○○○○○; (e) he/she has deeply recognized his/her criminal act; and (e) he/she has recognized his/her age and character as well as the circumstances of the Defendant; (e) the Defendant’s character and behavior and form of the crime.

8. In light of the fact that the Defendant ○○○○○○○○○○ has repeatedly engaged in gambling with a large amount of money of KRW 16,124,00 for a period of nine months, and that he/she has acquired certain property benefits through gambling at the game gambling site. However, in the case of betting for which the Defendant used the game manipulation information, it is necessary to strictly punish the Defendant. However, in light of the fact that the Defendant did not first demand the operation of betting, he/she did not demand the operation of betting, but was engaged in betting by gathering information about the operation of betting from the Defendant ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, taking into account the following circumstances, such as the Defendant’s age, character, intelligence and environment, motive, means and consequence of the crime, and the circumstances

Public Prosecution Rejection Parts

1. Summary of the facts charged in relation to each of the offenses against the Defendants

In relation to each crime of fraud against the Defendants, the prosecutor shall be based on the facts identical to the facts stated in the judgment, but the victim is not the operator of the game gambling site, and the amount of damage is not divided by the victim and only the sum of the amount acquired by the Defendants out of the betting amount by each game is included in the total amount by each game (the sum of the amounts acquired by each game alleged in the primary facts charged is the same as those stated in the judgment and the attached list 1-1, 2-1, 3, and 4).

2. Determination.

The purpose of the law that allows the court to specify the facts charged by specifying the time, place, and method of a crime is to limit the object of a trial against the court and to facilitate the exercise of its defense by specifying the scope of defense against the defendant. As such, the specification of the facts charged is sufficient if a certain part of the facts underlying the prosecution is specified by pointing out the time, time, place, method, purpose, goods, etc. to the extent that it can distinguish the facts underlying the prosecution from those of other facts charged, and even if some of it is somewhat unclear, the validity of the indictment does not affect the validity of other matters stated in the indictment, as long as it can be specified by the facts charged (Supreme Court July 2008).

10. 208Do164, Supreme Court Decisions 2008Do1664, Jan. 20, 1987; 86Do260, Jan. 20, 1987; see, e.g., Supreme Court Decisions 2001Do6130, Dec. 28, 2007; 89Do582, Jun. 13, 1989; 2003Do2938, Apr. 28, 2004; 2003Do328, Apr. 29, 2006; 2000Do327, Apr. 19, 204; 2004Do327, Apr. 19, 200, etc.

In light of the above legal principles, if the defendants consider the victims of the crime of fraud by each game as victims of money on each game gambling site, the crime of fraud related to the game in question is not a single comprehensive crime, but a large number of crimes of frauds can be established for each victim who is victims of money. The primary charges do not clearly specify the amount of damage for each victim and each victim.

Of course, in the case of the above-mentioned type of crime, the establishment of a game gambling site itself is illegal, and it is difficult to confirm the contents of the betting in the game in question by itself for the reason of crackdown, etc., the mere necessity of relaxing the specific degree is not denied. However, in light of the purport of specifying the facts charged, it is necessary to limit the subject of the trial to the court and specify the scope of the defense of the accused to the extent that it can facilitate the exercise of the defense rights by specifying the scope of the defense of the accused. The facts charged in the primary charge are deemed to be the total amount of money remitted from each site even if the victim is deemed to be the one who is not infinites money in the game gambling site. Thus, even if the victim is deemed to be the one who is not infinites money in the game gambling site, the remittance amount by each site, which serves as the basis for calculating the total amount of damage, must be specified in the facts charged. Moreover, it is not possible for the Defendants to receive a certain amount by each game gambling site (in fact, the prosecutor divided the remittance amount by site).

Article 254 (4) of the Criminal Procedure Act provides that the date and time, place, and method of a crime shall be specified and therefore the indictment without any specific criminal facts shall be deemed null and void. Since the primary facts charged in relation to each fraud against the Defendants constitute a case in which prosecution procedures are breached by law and are null and void due to lack of specific criminal facts, and thus, the prosecution shall be dismissed pursuant to Article 327 (2) of the Criminal Procedure Act. However, since the victim is deemed as the operator of each game gambling site and the victim is deemed as the operator of each game gambling site, the dismissal of prosecution shall not be dismissed separately from the order to the extent that the victim is found guilty of each of the ancillary charges.