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(영문) 수원지방법원 2015.05.07 2015고정64
한국마사회법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A person, other than a marina society, shall not engage in any act similar to a riding vote in connection with a racing conducted by a marina society, in paying property or financial benefits to the enemy.

Nevertheless, from December 21, 2013 to April 18, 2014, the Defendant: (a) at the residence in Suwon-si Line C and 2nd floor; (b) using the Internet Private Horse (E)’s ID, password (G) and deposit account given by D; (c) received the purchase price of private horse tickets from those who wish to engage in similar horse racing, and remitted total of KRW 8,350,000 to D’s account in total for ten times; and (d) carried out a racing racing conducted by Morse society through the said website, and carried out a similar horse racing by receiving dividends based on the results of the racing and delivering them to the purchaser of the private horse tickets.

Summary of Evidence

1. Partial statement of the defendant;

1. A H statement;

1. Records of seizure and the list of seizure;

1. A copy of a private light racing, a private light competition control data, and a copy of a bankbook;

1. Application of seized articles, photographs, field control photographs and Acts and subordinate statutes;

1. Article 50 of the relevant Act on the facts constituting an offense, subparagraph 1 of Article 50 of the Korean Racing Association Act and Article 48 (2) 1 of the Korean Racing Association Act and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 56 of the Confiscation Korean Racing Association Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The following circumstances acknowledged by the record of this case regarding the assertion of the Defendant and the defense counsel under the main text of Article 186(1) of the Criminal Procedure Act and Article 191(1) of the Criminal Procedure Act, namely, several representative computers were connected to the private horse site, and CCTV was installed at the control place of this case, and its windows were installed. The windows were installed on the enforcement day of this case, the frequency and amount of hostings on the enforcement day of this case, H’s statement at the time of the control of this case, and the amount deposited by the Defendant under the name of the purchase price of horse riding voting.

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