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(영문) 수원지방법원안양지원 2014.09.05 2012가합4348

마주등록취소 등

Text

1. On March 7, 2012, the Defendant confirmed that a disposition against the Plaintiff for a year of eight years, which was taken against the Plaintiff, is invalid.

2. The defendant.

Reasons

1. Facts of recognition;

A. On November 10, 199, the Plaintiff registered his personal horse with the Defendant (Article 2 subparagraph 3 of the Korean Racing Association Act provides that “Mamju” refers to a person who has registered with the Defendant for the purpose of owning or owning the race horse) and left the race horse owned by the Plaintiff on the horse operated by the Defendant.

B. On March 23, 2009, the Plaintiff paid a monetary amount to a recruitment book that connects a private horse operator and a purchaser with respect to the horse racing held by the Defendant, and purchased a private horse ticket, and received a refund of KRW 20,000,000 according to the predetermined dividend rate after the racing was completed, and by such method, gambling was conducted several times until July 24, 201.

C. Although the Suwon District Prosecutors’ Office inside the Suwon District Prosecutors’ Office was prohibited from gambling using the racing conducted by the Defendant, the Plaintiff was indicted for violating the former Korean Racing Association Act (amended by Act No. 9720, May 27, 2009) and Article 50 Subparag. 2 of the Korean Racing Association Act on August 11, 201, on the ground that the Plaintiff’s gambling was in violation of the former Korean Racing Association Act (amended by Act No. 9720, May 27, 2009) and Article 50 Subparag. 2 of the Korean Racing Association Act. On November 30, 2011, the said court sentenced the Plaintiff to a fine of KRW 10,000,000 (hereinafter “instant judgment”).

After the instant judgment was rendered on March 7, 2012, the Defendant decided to impose a eight-year sanction against the Plaintiff on the ground that the Plaintiff constitutes “a person related to the race-mastel, who has harmed or impeded the fairness of racing,” under Article 75(1)24 of the Regulations on the Implementation of Horse Racing, where the Plaintiff was sentenced to the instant judgment by opening the arbitration committee on March 7, 2012, on the grounds that it constitutes “a person who has been sentenced to a fine or heavier punishment by reason of violating the Korean Racing Association Act,” and “a person related to the race-ma, who has injured or impeded the fairness of racing” under Article 72(1)24 of the Regulations on the Implementation of Horse Racing, and “a person related to the race-mast, who has committed an act of adversely affecting the sound enforcement