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(영문) 전주지방법원 2017.05.10 2017고정94
한국마사회법위반(도박개장등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

No person, other than Korean marina Association, shall commit any act similar to the riding voting in connection with a racing conducted by the Korean marina Association, in granting property or financial benefits to the winners of the racing.

From the end of November, 2015 to July 12:5, 2016, the Defendant informed D of the Korea M&A site (C) known from B, and received KRW 500,000 from D through E’s account (National BankF) in the name of the Defendant’s child, and granted D with the above site access ID, and opened a gambling house using private horse racing 2,000 won, when D had displayed KRW 30,00 won of Seoul 2 Racing, and refunded D with dividends.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Photographs of control data and betting amount;

1. Investigation report (related to confirmation of transfer receipts);

1. Application of Acts and subordinate statutes on transaction data and details;

1. Article 50 (1) 1 and Article 48 (1) 2 of the Korean Marina Society Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The circumstances favorable to the sentencing of Article 334(1) of the Criminal Procedure Act, which relate to the order of provisional payment, are divided and reflected by the defendant.

There are many benefits acquired from the instant crime.

D. Unfavorable circumstances: Illegal gambling is spreading in our society, and the crime of gambling is highly harmful to society, such as encouraging excessive gambling spirit to the general public, and hindering sound labor consciousness, so strict punishment is needed.

There is a record that the defendant was punished for the same crime.

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