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(영문) 인천지방법원 2020.05.22 2020고정120
한국마사회법위반(도박등)
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

The facts charged shall be revised ex officio to the extent that it does not affect the defendant's right of defense.

No one shall gambling using a racing conducted by the Korean Racing Association.

Nevertheless, around 12:30 on May 11, 2018, the Defendant visited “F”, a private horse, using a mobile phone at the cafeteria located in Seo-gu Incheon Building C or in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, by depositing KRW 5,000,00 in the H bank account (I) in the name of the limited liability company G, which is the account designated on the above site, and marketing the racing conducted by the Korean Racing Association with payment of cyber money, and paying dividends according to the result of the winning of the horse racing, and thereafter, from around that time until June 23, 2018, the Defendant used the racing conducted by the Korean Racing Association by selling KRW 65,040,030 in total over 251 times, as shown in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. Requests for search, seizure and verification warrant (2019-5563) reply;

1. Photographs;

1. Application of Acts and subordinate statutes to an investigation report (the result of execution of a warrant for search, seizure and inspection by warrant 2019-6792) and criminal place;

1. Relevant provisions of the relevant Act concerning facts constituting an offense and Article 50 (1) 2 of the Korean Racing Association Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that the liability for a crime shall not be mitigated in light of the frequency of gambling the reason for sentencing, the scale of gambling, and the amount of gambling. However, it is not clear that the defendant was punished for the crime of this case or has no record of punishment exceeding the fine. In addition, the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be considered and determined as the order.

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