온라인상 도박공간개설죄의 포괄일죄 인정기준에 관하여 = On the criteria for the recognition of inclusive crime in the crime of opening an online gambling space

다국어 초록 (Multilingual Abstract)

Online gambling-related crimes are crimes that have a large social impact because a large number of unspecified people can participate, and the amount of gambling is very large.
The Supreme Court ‘s 2013. 11. 28. 2013 DO10467 ruling is a judgment that has an important meaning that can be applied to a number of similar cases as it judged the criteria for recognizing inclusive crime for opening online gambling spaces.
The above judgment considers “the location of the office that operated each private gambling site, the difference in deposit and withdrawal methods between the operator and the members (change of the deposit and withdrawal accountS), and whether it is a single operation or a joint operation,” as criteria for the recognition of inclusive crime There are several questions about the above judgment as follows.
Whether it is reasonable to use a offline space that is merely an operating office, not a cyberspace where the actual crime takes place as a criteria for the recognition of inclusive crime.
Since online gambling-related crimes are systematically committed, it is common for a number of accomplices to exist, and moreover, in the case of the above judgment, the defendant appears to be the main operator. In this situation, Whether it is reasonable to assume that intentional unity or identity is denied due to the fact that an accomplice has been added in the middle.
In addition, usually many deposit and withdrawal accounts are used in the process of operating online gambling sites, and account changes are made very frequently. Nevertheless, whether it is reasonable to assume that there is a renewal of the criminal intent on the grounds that the deposit and withdrawal accounts have been changed.
Accordingly, this article describes the nature of business crime, which is the theoretical basis for seeing the act of gaining profit through the opening of gambling as inclusive crime, the requirements for recognizing business crime as inclusive crime, and whether it is appropriate to use the above factors in the above judgment as criteria for determining whether online gambling-related crimes are inclusive crime

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13 "사행산업통합감독위 제5차 불법도박실태조사 최종보고서" 2022