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(영문) 서울중앙지방법원 2017.05.19 2017고단2081
한국마사회법위반(도박개장등)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person, other than a marina society, shall not engage in any conduct similar to the riding voting for the racing conducted by a marina society to pay any property or financial benefits to the winners of the racing, and a person, other than a racing business entity, shall not engage in any profit-making activity, such as paying money to those who correctly predict the winner of the racing.

Nevertheless, the Defendant, in collusion with a private village-type E on March 10, 2016 to July 3, 2016, operated a private horse, bicycle and motorboat racing site F 607 Dong 903, China's northwest-gu "G" from around 10, 201 to around July 3, 2016, recruited at least 10 members, received money from the company bank account in the name of H, and charged with cyber money that can be refunded at all times as much as the amount of money deposited, and then relay the bicycle and motorboat racing conducted by the horse racing operation headquarters and motorboat racing operation headquarters conducted by the Korean Marina society, and provided a space in which cyber money can be displayed, and paid dividends to the enemy in the form of receiving KRW 304,280,00 won over 869,280,000 in total, as shown in the attached list of crimes.

Even if the defendant is not a marina society as above, he paid property to the winners of the racing conducted by the marina society, and even if he is not a racing businessman, he did profit-making activities related to the racing, and opened a space for gambling for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of a police officer in relation to E, I, J, K, L, M, or N;

1. On-site photographs and account transactions;

1. Application of immigration Acts and subordinate statutes on individuals;

1. Article 50 (1) 1 and Article 48 (1) 2 of the Korean Marina Society Act concerning criminal facts, Article 30 of the Criminal Act (including the act of similar voting for racing), Article 27 (1) 1 and Article 24 of the Bicycle and Motorboat Racing Act, Article 30 of the Criminal Act concerning the act of similar voting for racing.

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