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(영문) 서울고등법원 2015.06.04 2014나2042446
면허취소무효확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a juristic person established for the purpose of contributing to the development of the horse industry and livestock industry through fair implementation and smooth distribution, and promoting people’s good use of their leisure time. The plaintiff completed the early candidate course on March 31, 1979 and served as a waterway on January 25, 1994, and thereafter worked as a steering teacher from around that time.

B. From October 24, 2012 to November 7, 2012, the Defendant operated a special self-denunciation period to encourage light-related misconduct to self-denunciation of light-related misconduct against light-related teachers, light-waters, and manager.

C. Around November 7, 2012, the special self-denunciation period, the Plaintiff voluntarily surrendered to the Defendant that “C from around 1986 to around 1996, D provided information and received money and valuables from around 1996 each week.”

From April 208 to May 2012, the Plaintiff was sentenced to imprisonment with prison labor for one year and a surcharge of 54,500,000 won for a violation of the Korean Racing Association Act on May 22, 2013, (i) was sentenced to imprisonment with prison labor for one year and a surcharge of 54,50,000 won for a violation of the Korean Racing Association Act, (ii) on September 26, 2013, the Plaintiff was sentenced to imprisonment with prison labor for an amount of 40,000,000 won received from D from D in response to unlawful solicitation to request for the provision of information related to horse racing, such as whether the horse was withdrawn from the racing, health conditions, and possibility of winning, and (iii) on September 26, 2013, the Plaintiff became final and conclusive as 10,000 won for a penalty of 40,000 won for a penalty of 40,000 won and 400,00 won for a final appeal of the Plaintiff.

E. On November 1, 2013, the Defendant’s set-off at the Defendant’s Disciplinary Committee, held on November 1, 2013, provided the Plaintiff with horse information to C and D for a long time and received money and valuables. In this regard, the Defendant was convicted of 10 months of imprisonment and KRW 40,000,000 of the surcharge.

Article 47 of the Korean Racing Association Act.

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