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(영문) 전주지방법원 2015.10.23 2015고단557
한국마사회법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

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.

Nevertheless, the Defendants are using computers kept within the telecom to “the instant site,” which is the Internet website.

After accessing the company, it charged cyber money corresponding to the money received from its members by inviting its members in an unofficial manner, and had it operate the private horse site by allowing its members to carry out betting at the above site.

Accordingly, on November 2, 2014, the Defendants sent access to D, the Internet private horse racing site, along with the computers located in Kim Jong-si, 202, and caused its members to carry out the betting in real time with regard to the racing conducted by the Korean Racing Association, by charging cyber money to its members, and let its members carry out the betting amount by designating the racing and the betting amount in real time with regard to the racing conducted by the Korean Racing Association, and then, the Defendants paid the winning members the amount of the total betting amount of KRW 9,290,100 by operating the private horse racing site as much as the relevant dividends.

Summary of Evidence

1. Defendants’ respective legal statements

1. Seizure records, reports on internal investigation and reports on each investigation;

1. Application of specific Acts and subordinate statutes to the details of passbook transactions by the suspects, log records access by the suspects to the private auction site prior to the crime of this case, and the amount of sales on the private auction site operated by the suspects at the time of the crime;

1. Relevant Article of the Act on the Punishment of Crimes and the selected Defendants: Subparagraph 1 of Article 50 and Article 48 (2) 1 of the former Korean Racing Association Act (Amended by Act No. 13146, Feb. 3, 2015); Article 30 of the Criminal Act

2. Defendant B: Article 62 of the Criminal Act.

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