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(영문) 부산지방법원 2013.06.05 2012고단9110

한국마사회법위반

Text

1. The Defendants shall be punished by imprisonment for one year.

2. However, it is against the Defendants for 3 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is a person who, from May 2005, has been working as a horse race track affiliated with the Korean Racing Association.

Around January 2010, the Defendant received a request from B, which was introduced through F to the Marina manager F, which was known to the general public, “a request to provide information related to horse,” and received a delivery of 50,000 won gift certificates of KRW 20,00,000 from the Kimhae bus Terminal located in the Kimhae-si, Kimhae-si.

From that time to November 2010, the Defendant received 7 million won in total from B through five times as shown in the list of crimes in attached Form B, and provided B with relevant information, such as telephone conversations, text messages, etc., to EGyeongma Park in Busan Gangseo-gu, etc., through telephone conversations or text messages.

As a result, the defendant, as a member of the Korean Racing Association, received the goods and property benefits in return for an illegal solicitation in relation to his duties, and committed an illegal act.

2. As described in the preceding paragraph, Defendant B made an illegal solicitation with respect to his duties and provided property or pecuniary benefits to Defendant B.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the legal statement in B;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Test material, written resolution of the arbitration committee, etc. and photographs of cell phone messages;

1. Application of Acts and subordinate statutes to investigation reports (abstinence of the marina society itself, etc.);

1. Article applicable to criminal facts;

(a) Defendant A: Article 53 (2) and (1) of the Korean Racing Association Act;

(b) Defendant B: Articles 55 and 53 (2) and (1) of the Korean Racing Association Act;

1. Selection of each sentence of imprisonment;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Defendant B of a community service order: Article 62-2 of the Criminal Act;

1. Defendant A who is additionally collected: Reasons for sentencing under Article 56 of the Korean Racing Association Act;

1. Preferential conditions;

A. Defendant A: Defendant B’s threat.