2012 highest 1333 A. Violation of the Korean Racing Association Act

B. Violation of the Electronic Financial Transactions Act

1. Kim 00 (00000 - 00000) - Food service

Seoul Residence

Seoul basic domicile

2. Kim* (00000 - 000000) Other projects

Accommodation-si

Seoul basic domicile

Escopics (prosecutions) and Escopics (Public Trial)

The fixed number of attorneys-at-law (Korean National Assembly for all of the defendants)

May 23, 2012

Defendants shall be punished by imprisonment for one year and six months.

172, 154, 666 won shall be collected from each of the Defendants.

Criminal History Office

Defendants are those who operated the Internet private horse site.

1. Violation of the Korean Racing Association Act;

On June 2006, the Defendants: (a) around 1, 200 police officers (one year of imprisonment on October 25, 2007, two years of suspended execution, fine of KRW 7 million, penalty of KRW 228,54, and penalty of KRW 341, and the judgment of November 2, 2007, and the judgment of November 2, 2007) were to operate the Internet private news service site; (b) invested KRW 30 million in the second floor of the building located in the vicinity of the Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu, Seoul; and (c) accepted 00 Ra, which is the Internet private news service site (c). On January 25, 2007, the Defendants invested the similar 8 million in the operation of the said website while making an investment.

The Defendants recruited members against the general public through the above website or the Internet server, and deposited money to the account posted on the website, and deposited the game money amounting to 110% of the deposited amount, and relay the racing run on every Saturday and Sundays at the Korean Racing Association, Busan and Jeju Horse race track in real time on the website screen.

In addition, members had members hold a hosting on the racing, and paid dividends on the basis of the "determined dividend schedule announced by the Korean Racing Association" to the winners who face the winner in accordance with the results of the racing, and they acquired the amount of money of customers who did not face the horse race, and they remitted the amount of money remaining by converting the cyber money in cash into the account designated by customers if they request money exchange.

From June 2006 to February 8, 2010, the Defendants changed the name of the site from 00 racs,* * racs, Mes, Mes, Mes, Mes, Mes, + Ras, etc., while operating the Internet private horse site in the above way and making profits worth KRW 1983, 740, 949 during that period, as shown in the list of crimes committed in the attached Table.

As a result, the Defendants conspired with the above Park 00 and similar heads, and caused many unspecified customers to engage in any act similar to the horse riding voting in relation to the racing conducted by marina society, thereby granting the prize money to the winners.

2. Violation of the Electronic Financial Transactions Act;

The Defendants intended to use the deposit account in the name of another person for the management of the site operation fund.

A. On January 30, 2008, Defendant Kim 00 received cash cards and passwords from the National Bank’s bank account (Account Number: 0000000000) in the name of the person, prior to the order point of the National Bank in the Bran-gun, Seo-nam, the Cho Jong-gun around 2008.

Accordingly, the Defendants acquired the means of access for electronic financial transactions in collusion with the above Park 00 and similar Chapters.

B. On December 2009, the Defendants issued a cash card and password, Internet banking security card, etc. to a national bank account (Account Number: 000000000) in the name of the Defendants, from 00 to 100, around the front branch of the National Bank in the Jung-gu Seoul Central Bank of Korea, Jung-gu, Seoul.

Accordingly, the Defendants acquired the means of access for electronic financial transactions in collusion with the above Park 00 and similar Chapters.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer concerning static00, status00, red00, high00, high00, and garment00;

1. Statement of the police statement concerning gambling00;

1. A report on investigation (report on calculation of unjust enrichment);

Application of Statutes

1. Article applicable to criminal facts;

Articles 50 subparag. 1 and 48(2)1 of the Korean Racing Association Act; Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act; Article 30 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Additional collection:

The reason for sentencing under the proviso of Article 56 of the Korean Racing Association Act, such as the crime of this case, is that the illegal horse site business, such as the crime of this case, is often involved in the complex of the business entity or on the ground of another person, and the business entity is engaged in a large and secret business, and it is required to strictly punish the person who is regulated from a general preventive point of view on the ground of social harm, such as undermining the people'

The Defendants operated a horse site by changing the name of the site for about four years, and it is not good that the Defendants continued to operate the horse site even after having been punished for a part of the instant crime. The Defendants, who led the Defendants’ act of violating the Korean Racing Association Act, are of importance to the degree of their participation, and the profits therefrom are also reasonable. In addition, all the sentencing conditions specified in the instant case, including the Defendants’ age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, etc., are comprehensively taken into account.

Judges Lee Sung-ho