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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
1. Any person who violates the Korean Racing Association Act shall not use the racing for gambling;
Nevertheless, from August 5, 201 to September 2, 2012, the Defendant sent a total of KRW 179,656,000 from the Defendant’s home located in Ansan-si, a private horse racing site to the Internet, and deposited KRW 179,656,00 to the new bank account in the name of D deposit account in the above site (E), and charged for cyber money corresponding thereto. After purchasing a horse ticket, the Defendant purchased a horse ticket at the time when the horse racing conducted by the Korean Racing Association after the completion of the racing, he was able to receive dividends according to the pre-determined dividend rate, and if the horse is not loaded, 15% of the purchase price of the horse was returned.
2. Except as otherwise provided for in Acts and subordinate statutes, no person who violates the Electronic Financial Transactions Act shall take over the means of access;
Nevertheless, on August 201, the Defendant acquired a corporate bank account (H), post office account (I), credit account (J), and new bank account (K) from F to July 2012, 201, as well as having received a passbook, cash card, etc. from F to one bank account (G) opened in the name of F.
Summary of Evidence
1. Partial statement of the defendant;
1. Protocol concerning the examination of the suspect of the defendant or L by the prosecution;
1. Second prosecutorial examination protocol concerning F;
1. Application of Acts and subordinate statutes concerning the details of account transactions, such as L, and each F bank account transaction;
1. Article 50 Subparag. 2 of the former Korean Racing Association Act (amended by Act No. 13146, Feb. 3, 2015) regarding criminal facts and Article 50 Subparag. 2 of the former Korean Racing Association Act (amended by Act No. 13146, Feb. 3, 2015); Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act.