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(영문) 울산지방법원 2014.01.17 2013노968
한국마사회법위반등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

Two copies of the computer seized (No. 9).

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of this case, the sentence imposed by the court below on the Defendants (a punishment of 1 year and 6 months of imprisonment and a fine of 20 million won, confiscation, and collection) is too unreasonable.

(2) The defendant B and the defense counsel have withdrawn the assertion of mistake of facts on the first trial date of this Court, and such withdrawal shall not be judged separately).

(1) In full view of the fact that the accounts such as Y, etc. used by the Defendants for the crime of this case are the accounts in which the members of the gambling site deposit money and the dividend payment of the Defendants are paid, the amount deposited into the above account is presumed to be the purchase price of marina tickets, the amount deposited from the above account is presumed to be the dividend, the Defendants committed this part of the crime at the investigative agency, and the Defendants did not submit any data that can be recognized as being deposited under the above other names while denying it from the court of the original judgment, as shown in the attached Table 1 of the judgment of the court below, and the total amount of 5,324,00 won deposited over 13 times as shown in the attached Table 2 of the judgment of the court below is deposited as the purchase price of marina tickets. However, the court below acquitted this part of the facts charged, which affected the conclusion of the judgment.

(2) In light of the overall circumstances of the instant case of unreasonable sentencing, the sentence imposed by the lower court on the Defendants is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, prior to the judgment on the grounds for appeal by the Defendants and the Prosecutor, the court below limited KRW 4,211,937,020,020, which the Defendants conspired to conduct the business of the similar horse racing in this case and deposited as dividends from KRW 4,637,386,556.

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