A defendant shall be punished by imprisonment for one year.

1,579,500 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Punishment of the crime

A person, other than a marina society, shall not allow the enemy to engage in any activity similar to the riding voting in connection with racing conducted by a marina society, and shall not pay any property or financial benefits to the enemy.

Nevertheless, from April 5, 2019 to June 7, 2019, the Defendant received money from persons who wish to take horse riding voting using the website in Seo-gu Incheon, Seo-gu, C, and D, and paid cyber money. The Defendant had them carry out betting with respect to the racing conducted in the Korean Mare society, and had them pay dividends according to the actual racing result, thereby allowing them to do a similar act similar to the horse riding voting, thereby having them pay property to the enemy, and acquired profits equivalent to KRW 1,579,500.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each protocol of suspect examination of the police against E or F;

1. Report on investigation (to hear statements of a suspect);

1. Application of statutes on control data and betting details;

1. Relevant Article of the Act and Article 50 (1) 1 and Article 48 (1) 2 (generally, the choice of imprisonment with prison labor) of the Korean Marina Society that selects criminal facts;

1. The proviso to Article 56 of the Korean Marina Act (the prosecutor, at the time of control on June 7, 2019, deemed the average profit of KRW 1,579,50,00, calculated by deducting the license from KRW 1,755,00 on the day’s profit at KRW 1,75,00,000, deducted the license from 10% on the basis of the audit data of the manager of the horse site operated by the Defendant at the time of control, and sought an additional collection on the amount obtained by multiplying

Whether confiscation or collection is subject to confiscation or collection or the amount of additional collection is not related to the elements of crime, so strict certification is not necessary, but also, it is recognized based on evidence. If it is impossible to specify criminal proceeds subject to confiscation or collection, it shall not be collected (see, e.g., Supreme Court Decision 2014Do4708, Jul. 10, 2014). However, the following is revealed by the records of this case.