beta
(영문) 춘천지방법원 원주지원 2019.03.06 2018고단1316

한국마사회법위반(도박개장등)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person, other than a marina society, shall not engage in any conduct similar to a riding vote in connection with a racing conducted by a marina society, which provides property or financial benefits to the enemy.

The defendant, together with B, recruited members who are engaged in the gambling using a private horse site, displayed a racing held in a national horse race track through a private horse race track, and planned to operate a private horse gambling site in a way that pays dividends according to the result of the competition to the members of the betting tickets and distributes profits therefrom.

From March 8, 2018 to April 28, 2018, the Defendant, along with B, installed a computer in the “D party room” operated by the Defendant, and opened a private horse site (E) in the “D party room” to manage the horse-riding site, recruited members who will engage in horse-riding gambling, received Do money from members with F’s G account (H) and I’s J bank account (K) from the members, provided cyber money, and anticipated members to participate in the betting amount by predicting the results of the horse racing of the marina society that is real-time relayd by the members, and, if the horse-riding was not loaded after the racing was finished, the Defendant operated the private horse-riding site in the way of the Defendant and B’s holding the betting amount.

As a result, the defendant, in collusion with B, committed an act similar to the riding voting in relation to the racing conducted by a marina society, thereby paying property or financial benefits to the enemy.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against L, I, or F;

1. The police statement of M;

1. Each investigation report, on-site photographs;

1. Application of statutes concerning criminal records;

1. Articles 50 (1) 1 and 48 (1) 2 of the Korean Racing Association Act concerning the facts constituting an offense, Article 30 of the Criminal Act;

1. Suspension of execution;