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(영문) 인천지방법원 2021.02.05 2020고단6530
한국마사회법위반(도박등)
Text

A defendant shall be punished by imprisonment for not less than eight 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

No one shall use a racing conducted by the Korean Marina Society for gambling.

Nevertheless, on June 1, 2019, the Defendant purchased cyber money similar to E in relation to the racing conducted by Korean Marina in the Defendant’s residence located in the Michuhol-gu Incheon building B, the Defendant used the betting money similar to E in relation to the racing conducted by the Korean Marina, and then used the betting money to pay dividends according to the results of the racing or to connect the private horse (D) that deducts cyber money, and then remitted KRW 1,00,00,000 to the Domina account in the above private auction site’s name (F) designated as the Domina account, from that time to January 18, 2020, then charged KRW 176,830,000 in total over 41 times from that time, as indicated in the list of crimes in the attached Table, and charged the cyber money with the amount of such cyber money, and charged it as such cyber money.

As a result, the defendant was gambling using a racing conducted by the Korean Marina.

Summary of Evidence

1. Application of the Act and subordinate statutes on the screen of reception of water and e-mail to the defendant's legal statement by cutting down illegal gambling sites (including 2020 order 6530, accompanying materials) of the police interrogation protocol against the defendant;

1. The choice of punishment under Article 50 (1) 2 (main sentence) of the Korean Marina Society Act and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The criminal defendant's crime is hot in light of the period and scale of the crime for sentencing under Article 62-2 of the Criminal Act and the probationary observation of protection and the community service order.

However, considering the fact that the defendant recognizes all crimes and reflects the fact that the defendant has no record of punishment for the same kind of crime, the punishment shall be determined as ordered by taking into account all other circumstances such as the defendant's age, environment, and circumstances after the crime.

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