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(영문) 청주지방법원 충주지원 2016.02.16 2015고단528

한국마사회법위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

No one shall be a party to a racing conducted by a person other than a marina society in causing him/her to engage in any activity similar to the riding voting in connection with a racing conducted by a person other than a marina society to pay goods or financial benefits to the enemy.

Nevertheless, from December 28, 2012 to August 23, 2015, the Defendant: (a) obtained a ID and password from a workplace located in Ulsan-dong-gu B; (b) obtained access to a private horse-based website operated by C by a computer; and (c) transferred the purchase price of private horse tickets to the accounts in the name of D, E, F, and G, the borrowed name account used by C, and deposited the purchase price of private horse tickets to the accounts in the name of D, E, F, and G, and (c) received money directly as cyber money; and (d) purchased private horse-based horse-riding in the aggregate at a rate equal to the dividend rate that is paid in the Mar society and exchanged money in cash; and (e) obtained private horse-riding tickets equivalent to 592,720,000,000 won, a person who is not a marina society, engaged in an act similar to the horse-riding voting, thereby making the other party pay property or profits.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect by a public prosecutor against the defendant, C, D, or H;

1. A written statement prepared in the I;

1. Application of Acts and subordinate statutes to each investigation report and family relation certificate;

1. Subparagraph 8 of Article 51 of the Korean Marina Society Act and Article 48 (1) 2 of the same Act concerning facts constituting a crime (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (including the violation of the crime and the absence of the same

1. Protective observation and community service order under Article 62-2 of the Criminal Act;