All appeals filed by prosecutors and Defendant B shall be dismissed.

Summary of Grounds for Appeal

A. Each sentence of the lower court’s prosecutor (Defendant A: fine of KRW 8 million, Defendant B: fine of KRW 4 million) is too uneased and unreasonable.

B. Defendant B (1) misunderstanding of facts) Defendant B was merely an act of facilitating part of the crime against the Korean Racing Association Act by Defendant A and E, and did not operate the horse site of this case in collusion with E. Defendant B. 2) The lower court’s sentence of unfair sentencing (hereinafter “fine 4 million won”) is too unreasonable.

Judgment

A. In light of the following circumstances, which can be known through the evidence duly adopted and examined by the court below, Defendant B may recognize the fact that Defendant A and E operated the said horse site in collusion with E, etc. as stated in the facts constituting the crime in the judgment of the court below, on the ground that Defendant B could facilitate the operation of the horse site in this case. Thus, Defendant B’s assertion of mistake of facts is without merit.

1) Defendant A consistently stated from the investigative agency to the court of the court below that “The money invested in the entertainment room with Defendant B is invested in the operation of the horse site of this case.” Defendant B, despite being aware of Defendant A’s investment, visited the horse site office of this case from time to time, and subsequently allowed Defendant B to use the account under his name as the passbook of the horse site.

3) At Ldo investigative agency, which worked at the instant horse site office, stated that “Defendant B had confirmed whether he/she would incur losses to the money invested” (in the office of Defendant B). Although it is recognized that Defendant A made a statement to Defendant B that he/she would borrow the money invested in the horse site or complete payment with respect to the money invested in the horse site, it is possible to say that Defendant A would borrow money or make a full payment. However, in light of the above circumstances, in the light of the aforementioned circumstances, this investment on the horse site of this case, which began with the recommendation of Party E introduced by himself/herself.