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(영문) 의정부지방법원 고양지원 2017.04.27 2016고단3309
한국마사회법위반
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 a period of 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 act similar to a riding vote in connection with a racing conducted by a marina society, which provides property or financial benefits to the enemy.

Nevertheless, around August 2, 2015, the Defendant: (a) installed one computer unit and one monitor; (b) lent the “E” program, which is an illegal private horse program, from a person who has no name, to a certain amount of KRW 600,000 per week; (c) transferred the gambling fund of KRW 7 million,000,000,000,000,000,000,000,000,000,000,000 won per week; and (d) had F perform an act similar to the horse racing voting through the aforesaid program; and (e) had F perform an act similar to the horse voting by settling dividends according to the horse’s result, from March 26, 2016 to March 26, 2016, the Defendant received the total amount of gambling money of KRW 361,34,520,000 per share through the same method as indicated in the attached list of crimes.

As a result, the Defendant committed an act similar to the horse riding voting in collusion with a person who is not his name but who is not a marina society, thereby paying property or financial benefits to a person who is correctly.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Statement made by the police with H;

1. Details on the entry into and withdrawal from the account of H-registered corporate bank and the account of corporate bank in H-registered name;

1. Application of Acts and subordinate statutes on the regulation data of illegal private horse transportation in the Ansan-si of Gyeonggi-do;

1. Article 50 (1) 1 and Article 48 (1) 2 of the Korean Marina Society Act, Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. A collection shall be made to collect the value of the property when the property cannot be confiscated under Article 56 and Article 50 (1) 1 of the Marina Society Act, or when the property cannot be acquired under Article 56 of the Marina Society Act.

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