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(영문) 서울서부지방법원 2016.07.20 2016고단843
한국마사회법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 gives property or financial benefits to the enemy.

On April 12, 2015, the Defendant: (a) visited the “F” program and the “G” website, which is a private horse site, with the installation of three computers at the office of Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) received a request for the purchase of a private horse ticket in an amount of KRW 1,00,000,00 from H; and (c) carried out a horse racing at the above private horse site, paid dividends of KRW 1,760,00 as well as KRW 1,745,00,000,000 from that time to June 6, 2015; and (d) paid the purchase of a private horse ticket by means of remittance of KRW 24,41,000,000,000,000 from that time to that time; and (e) paid the profit of property or profits similar to that of the horse racing held by the horse society, depending on the results of such request.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of I;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. The amount of unlawful hosting and hosting screen pictures, illegal private light racing materials, and the hosting amount and hosting screen on the illegal private light horse-raising sites;

1. Application of Acts and subordinate statutes on account transactions in agricultural cooperatives;

1. Article 50 Subparag. 1 of the former Social Welfare Act (amended by Act No. 13146, Feb. 3, 2015; hereinafter the same shall apply) and Article 48 Subparag. 2 Subparag. 1 of the same Act on criminal facts and the former M&D’s choice of punishment (integrated, the choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The latter part of Article 56 of the former marina Society Act of the Republic of Korea;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order.

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