2018 Highest 216 Violation of the National Sports Promotion Act, opening of gambling spaces

A (87 - 1) and stacks

Yellowia (Lawsuits) and So-young (Trial)

Attorney Kim Hun-gu (National Election)

April 4, 2018

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

64, 250, 000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection charge shall be ordered.

Criminal History Office

No person, other than the Seoul Olympic Sports Promotion Foundation and an entrusted business entity, shall provide goods or benefits in the calculation of property to persons who correctly predicted the result of sports promotion betting tickets (one sports competition) or similar sports betting tickets.

B, around 2010, the crime of opening and operating an illegal sports earth site and planned to create profits from deposits from many unspecified persons. B, C, D, etc. opened an illegal sports earth site from around 2010 to around 201 under the name of "E" in Seoul Special Metropolitan City, Nowon-gu, with only a domestic public relations team around February 2, 201, and opened an operation team with the Chinese government office, and opened and operated the illegal site from around 7,000 to around 5, 201, and the Defendant took part in the operation of the sports team from around 200 to around 7,000 to around 2014.

During the above period, B, as a general manager of the domestic sports site, took overall charge of the affairs of the online sports site 000 won, D opened a website, a server and a back-to-door management account, and a public relations site for sports. C opened an early mail account in the Republic of Korea and managed the funds, from around November 3, 2016 to around March 27, 2017 to 000 won, and 1000 won-to-date 200 won-to-date 200 won-to-date 2000 won-to-date 200 won-to-date 200, respectively.

Accordingly, even if the Defendant conspired with B, D, etc. in sequence, the Defendant issued sports betting tickets or similar things and opened a gambling space for the purpose of profit-making.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of suspect examination of the police as to B;

1. Copy of the statement made to Q Q in the police station;

1. An investigation report (a case concerning a specific person related to the gambling site);

1. Investigation report (a case on the preparation of statement by the other party to Q Q);

1. Details of accounts under the name of A used for committing the crime;

1. Status of individual entry or departure;

1. An investigation report (the calculation and report of an additional collection charge);

Application of Statutes

1. Relevant Articles of criminal facts;

Article 47 Subparag. 2 and Article 26(1) of the National Sports Promotion Act, Article 30 of the Criminal Act (a private act of issuing sports betting tickets) , Article 247 of the Criminal Act, Article 30 of the Criminal Act (a private act of opening a gambling space)

1. Competition;

Articles 40 and 50 of the Criminal Act

1. Selection of penalty;

Imprisonment Selection

1. Collection;

Article 51(3) and (1) of the National Sports Promotion Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

In full view of the following circumstances and the Defendant’s age, character and conduct, environment, motive and background of each of the instant offenses, means and methods, circumstances after committing the offense, etc., and the conditions of sentencing as shown in the trial process, the sentence as ordered shall be determined.

○ Unfavorable Normals: Each of the instant crimes requires a very severe punishment by promoting a speculative spirit of the general public and undermining the desire to work, etc. In particular, the organized crime that operates an illegal gambling site by having an operation office, etc. in a foreign country where no domestic judicial power is exercised, which is highly likely to be subject to criticism, and the Defendant participated in each of the instant crimes for a prolonged period of at least two years and six months, and the Defendant was to serve as an operating team of the illegal sports soil site of this case, and later takes charge of the head of the operating team.

○ favorable circumstances: The defendant recognized each of the crimes of this case and reflected his mistake, and the first offender, etc.

Judges Park Jong-hee