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(영문) 부산지방법원 2013.10.17 2013노1951

한국마사회법위반

Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant A1) misunderstanding of facts only received gift certificates of KRW 1 million and cash of KRW 1 million from Defendant B, and the fact that Party B provided the Defendant’s parents to the Jeju-do tour guide with travel expenses (as shown in the judgment of the original court, No. 2 related to the attached crime list of the original judgment) and the fact that the Defendant received the Defendant’s parents at one time, or that the Defendant was aware that he sent the Defendant’s friendship (as indicated in the judgment of the original court, No. 3, No. 4 related to the attached crime list of the original judgment), but all of them were convicted of all of the Defendant’s friendship (as indicated in the judgment of the original court, the judgment of the court below was erroneous by misunderstanding the facts affecting the conclusion of the judgment, and even if it was not so unfair, the sentencing of the court below (one year of imprisonment, three years of suspended execution, and additional collection) is too unfair.

B. The sentencing of Defendant B (one year of imprisonment, three years of suspended execution, and 200 hours of community service) is too unreasonable.

Judgment

A. As to Defendant A’s allegation of mistake of facts regarding the grounds for appeal, first, on the argument that there was no receipt of KRW 3 million as stated in No. 2 of the List of Crimes No. 2 in the judgment of the court below, the court below and the court of the case duly adopted and investigated the evidence. In other words, the following circumstances, i.e.,: (a) the investigation agency through the investigation agency, to the court of the trial, stated that “the Defendant was sent to Jeju-do by having his parents traveled from Jeju-do; (b) the Defendant introduced a taxi engineer who could play a rare role in Jeju-do and remitted his travel expenses to him; and (c) the Defendant specifically stated the circumstances in which the travel expenses was delivered KRW 3 million to the Defendant; and (b) the Defendant had paid the expenses of the parent of Jeju-do by asserting that he had known that he provided KRW 3 million with his parents travel expenses.

(b).