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(영문) 서울북부지방법원 2018.01.26 2017고단4093
한국마사회법위반(도박개장등)
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. No person shall engage in any activity similar to a riding vote for the racing held by a marina society to pay goods or financial gains to the enemy, and he/she shall engage in any activity to purchase or arrange for the purchase of marina tickets or things similar thereto for profit, or transfer marina tickets to the enemy;

Nevertheless, around March 2017, the Defendant paid a fee of KRW 1 million per week from the head of Seongdong-gu Seoul, Seongdong-gu and 134 Dong 303, to use the “F”, a private horse program, and then arranged and transferred the private horse tickets issued by the head of the Center through the above program to the “F” from June 11, 2017, and, when being loaded, the Defendant would be paid the amount equivalent to the above amount, and the Defendant operated the “Center” in the manner of raising the revenue of KRW 3,00 per head.

As a result, the Defendant paid property or property benefits to the enemy, and arranged and transferred private marina tickets similar to those for profit, by allowing them to engage in any act similar to the horse riding voting in relation to the racing conducted by a marina society.

2. From May 2017 to June 11, 2017, Defendant B: (a) knowingly known that Defendant A operates a private horse center as seen above at the place indicated in paragraph (1) from around May 2017, and affixed an official seal to assist Defendant A; and (b) provided that Defendant A’s account at the name of the Defendant’s bank would be used at the time of deposit from “new”, thereby facilitating the operation of the Defendant’s private horse racing center.

Summary of Evidence

1. Defendants’ respective legal statements

1. A police seizure list;

1. Application of the Acts and subordinate statutes to data by cutting on the field photographs and a stamping board for the operation of the center;

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Imprisonment with prison labor, collectively, with respect to Article 50(1)1 and Article 48(1)2 of the Marina Society Act.

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