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(영문) 광주지방법원 2016.07.13 2016고단1540
한국마사회법위반(도박개장등)
Text

The punishment of the accused shall be determined by ten months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 29, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Southern Branch of the Gwangju District Court in October, 201 and the said judgment became final and conclusive on October 7, 201.

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

Nevertheless, the Defendant: (a) intended to operate a private horse and attract members to engage in gambling, and (b) allowed members to participate in betting in the racing held in the real horse race track; and (c) paid dividends according to the result of the competition.

Accordingly, from February 2, 2011 to July 201, the Defendant recruited members who access the Internet private horse program from the mutual influence in Gwangju City to make a horse gambling by using a computer, and received the amount of betting money from the Defendant to the H bank account in the name of H used by the Defendant, and let members conduct betting by predicting the result of the horse racing in the society. After the racing was completed, in case where the Defendant took a horse racing as a result of the racing, the Defendant was paid a total of KRW 1,175,571,646 in total over 518 times as shown in the attached list of crimes by paying dividends according to the dividend rate, and operated a private horse racing by withdrawing a total of KRW 1,165,810,030 in total over 390.

As a result, the Defendant had the visitors of horse racing commit an act similar to the horse riding voting, thereby having them pay property or property benefits to the winners of horse racing.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each protocol of examination of suspect with respect to E or F by the prosecution (each time);

1. Details of transactions in each account, details of deposits, and withdrawals;

1. Previous convictions: Investigative inquiries into criminal history and criminal investigation reports (the same type of criminal defendant's previous convictions and reports attached to written judgments);

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