All appeals filed by the prosecutor against the Defendants are dismissed.

1. Of the facts charged in the instant case, the lower court acquitted the Defendants on the violation of the Korean Marina Act due to the operation of the illegal private horse program against the Defendants, and convicted the remainder of the facts charged.

Accordingly, only the prosecutor appealed against the acquittal portion, and the Defendants did not file an appeal.

Therefore, since the judgment of the court below separately became final and conclusive, the scope of this court's judgment is limited to the acquittal portion.

2. The summary of the grounds for appeal should be deemed to have performed an act of paying property or property benefits to the enemy rather than a mere sender.

Nevertheless, the lower court found the Defendant not guilty of this part of the facts charged (the violation of the laws of the Republic of Korea due to the operation of illegal horse programs). In so doing, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

3. Determination

A. The summary of the Defendants’ assertion 1) argues that the Defendants merely delivered money in betting amount to the operator of illegal horse racing, and only delivered money in betting amount to C from the operator of solitarys to C, and the Defendants did not pay property or property benefits to C.

2) Article 48(2)1 of the former Marina Society Act (amended by Act No. 13146, Feb. 3, 2015) prohibits “an act of causing the enemy to engage in any conduct similar to the riding voting in relation to a racing conducted by the Marina society, thereby paying property or financial benefits to the enemy.” Article 50 Subparag. 1 of the same Act prohibits a person who violates the foregoing Article 48 to punish the person.

In the police, "C" means the cash of 100 to 20 million won in cash when coming to be affected by her, and when the racing is finished on that day, A must settle the account and play the following day, or when there is a cash or racing on the following day, and when there is a following racing, the betting amount shall be the money.