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TITLE Supreme Court en banc Decision 2018Do7172 Decided October 30, 2018 【Violation of the National Sports Promotion Act (Opening of Gambling Parlors, Etc.); Operation of Gambling Establishment; Violation of the National Sports Promotion Act (Gambling, Etc.); Regular Gambling; Inciting Violation of the Credit Information Use and Protection Act; False Testimony】 [full Text]
Summary
[1] Legislative intent of Article 26(2) Subparags. 1, 2, and 3 of the National Sports Promotion Act (amended by Act No. 11309, Feb. 17, 2012), which proscribe activities related to “similar acts” prohibited under Article 26(1) of the Act and, particularly, the intent in prohibiting the act stipulated in Subparag. 1 and punishing its perpetrator
[2] In a case concerning a system that issues sports betting tickets using information and communications networks, where: (a) Party A procured in-game currency in advance from a system operator, which is indispensable for buying sports betting tickets, to bet on the outcome of sports matches; and (b) provided members in-game currency in exchange for money, whether such acts constitute an act of providing the said issuing system for the public to use, as stipulated in Article 26(2) Subparag. 1 (affirmative) and whether only an operator who is in charge of the system issuing sports betting tickets is in a position to provide the said system to the public for use (negative)
Matters to be considered when interpreting the acts stipulated in Subparag. 1 of the said provision
[3] In a case where the Defendants: (a) conspired with Party A, etc. and signed an intermediary contract with an operating entity of foreign online sports betting sites, whereby they agreed to recruit numerous unspecified Korean nationals as members through an intermediary site to enable them to place bets on the outcome of various sports matches; (b) either rewarded winning bettors with in-game currency at a predetermined ratio, or acquired the betting money when members lost the bet; and (c) were indicted on the charge of violating the National Sports Promotion Act, a case holding that the Defendants’ act constitutes “an act of providing a system of issuing sports betting tickets by means of information and communications networks to the public for use” as stipulated in Article 26(2) Subparag. 1 of the said Act
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