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(영문) 수원지방법원 2015.11.12 2015고정2636
한국마사회법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

【2015 High Court Decision 2636】

1. No person who is not a marina society violating the Korean Racing Association Act shall use the racing operated by the marina society for gambling, or aid and abetting it;

Nevertheless, on January 17, 2014, the Defendant: (a) visited a private horse (D) site at an office without a trade name in the Young-gu B and the first floor of Suwon-si, Suwon-si; and (b) received cyber money in which dividends can be exchanged in cash at any time; and (c) used a racing with a total of 30 times for a total of 200,000 won, where dividends would be exchanged in cash when a horse riding is loaded in accordance with the racing result.

【2015 High Court Decision 2637】

2. Around October 010, 2014 02:45 - Around 03:15, the Defendant gambling, in a manner that: (a) received a total of seven copies of cards in the first four (4) cash office in Suwon-gu, Suwon-si E, using 52 card; and (b) received a single (52) and received money each time, and (c) fambling “a 620,000 won card” with a total of 10,000 won by a person falling under a high card according to the prescribed rules and regulations.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. The police interrogation protocol of the accused, C, or G;

1. Records of seizure and the list of seizure;

1. Scenic photography at the control site, photographic photo, the details of sprink connection, the frequency of printing and the details of the amount of printing, and moving pictures at the control site (the fact of No. 2 at the time of printing);

1. Defendant's legal statement;

1. The police suspect interrogation protocol of H;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing seized articles;

1. Relevant Article 50 (1) 2 of the Korean Racing Association Act concerning facts constituting an offense, Article 50 (1) of the Korean Racing Association Act (a point of gambling using a racing conducted by the horse society), the main sentence of Article 246 (1) of the Criminal Act, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act;

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