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(영문) 광주지방법원 2016.07.06 2016고정920

한국마사회법위반(도박등)

Text

The sentence against the accused shall be three million won.

If the defendant does not pay the above fine, 100,000.

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 to pay money or benefits on property to the enemy, and no one shall become a party to such conduct.

From September 26, 2014 to July 4, 2015, the Defendant opened a private horse site (D) under the name of the Defendant, and deposited KRW 96,591,000 in total over 137 times, as stated in the list of crimes, with an account in the name of F designated by the operator in the name of the said site from the Gwangju Bank account (E) to the account in the name of the Defendant’s name in the name of Gwangju Bank (E). From around September 26, 2014 to around July 4, 2015, the Defendant used cyber money in a way that he/she receives the corresponding cyber money from the operator and conducts gambling in the way that he/she can settle the profits and losses after the end of the horse.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect concerning F by the prosecution;

1. Application of Acts and subordinate statutes to investigation reports (report on the necessity for tracking the counterpart account of the money exchange account in the website);

1. Article 50 subparagraph 2 of the Korean Marina Society Act (wholly amended by Act No. 13146, Feb. 3, 2015) and Article 50 of the same Act regarding criminal facts and the selection of fines, respectively.

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;