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(영문) 서울중앙지방법원 2016.10.20 2016고단4628
한국마사회법위반등
Text

A defendant shall be punished by imprisonment for one year.

121,260,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

A person, other than a marina society, shall not engage in any conduct similar to the riding voting for the racing conducted by a marina society to pay any property or financial benefits to the winners of the racing, and a person, other than a racing business entity, shall not engage in any profit-making activity, such as paying money to those who correctly predict the winner of the racing.

Nevertheless, from August 26, 2015 to July 3, 2016, the Defendant: (a) operated a private horse, bicycle and motorboat racing site called "F" (G) 607 dong 903, Dongyang-gu, China; (b) recruited 169 members; (c) deposited money in the corporate bank account in the H’s name; and (d) charged cyber money to the amount of regular refund; and (c) relay the bicycle and motorboat racing conducted by the Korean Racing Association, the bicycle and motorboat racing operation headquarters, and the Korea Racing Association’s Racing Operation Headquarters, provided a space in which cyber money can be displayed while relaying the bicycle and motorboat racing conducted by the Korean Racing Association, and paid dividends to the enemy via cyber money; and (d) deposited approximately KRW 94,508,000 won over 2,599 times, and approximately KRW 82,382,000,000,000 won excluding profits from such deposit.

Therefore, even though the defendant is not a marina society, he paid property to the winners of the racing conducted by the marina society, he did profit-making activities related to the racing, and opened a space for gambling for profit-making purposes even though he is not a racing businessman.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the scale of an account analysis- the entry and departure of gambling sites, specified amount of gambling, etc. of gambling agents, attachment of F site manager page, calculation of suspect net sales, and number of members deposited on the website);

1. Status of entry or departure of each individual;

1. CDs, such as the details of financial transactions and transactions;

1. Application of Acts and subordinate statutes on the screen page of the F site manager;

1. The Korea Racing Association Act on criminal facts;

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