Establishment of gambling places;

△ Law Firm, Attorneys OOO

A defendant shall be punished by imprisonment for one year.

Of the facts charged in this case, the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is acquitted.

The summary of the judgment on the acquittal shall be disclosed.

A. Defendant (misunderstanding of facts or misunderstanding of legal principles)

1) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (public conflict)

피고인은 2009 . 6 . 내지 7 . 경 ◈◈◈에게 ①① 주식회사 ( 이하 ' ①① ' 이라고 한다 ) 의

(1) In the case of an unauthorized withdrawal of the deposit, the bank shall not be deemed to have been a party to the

◈을 협박한 사실이 없다 . 피고인은 2010 . 2 . 경 피해자 ▲ ▲ 상호저축은행 ( 이하 ' 피해자

bank ("the Bank") provides sufficient security and receives a loan through normal procedures;

In addition, the first loan of this case is not extended from the victim bank.

SectorIn spite of being found guilty, the increase in the limit of loan thereafter provides sufficient security for the defendant.

Since it was made by mutual consent, it is not possible to recognize the defendant's intention of extortion. Nevertheless, the court below's decision is not accepted.

In this part of the facts charged, the court below found the defendant guilty, so that this part of the judgment below is erroneous or erroneous.

In other words, there are errors in the misapprehension of legal principles.

2) Opening of gambling place

피고인이 2013 . 11 . 경 이전부터 베트남 붕따우 소재 ▦▦▦▦▦▦호텔 1층에서

' ▦▦▦ ▦▦▦ 클럽 ' 이라는 상호의 카지노 ( 이하 ' 이 사건 카지노 ' 라 한다 ) 를 운영하였

다고 볼 수 없고 , 피고인이 이▣▣과 박○○에게 미화 10만 달러 ( 이하 미화를 의미한

C) The mere lending of B cannot be deemed to have a criminal intent to commit the crime of opening gambling places.

In addition, the Defendant’s game play for adults legally in accordance with Vietnam’s law after around November 2013.

Since the office has been operated, it does not go against the action or social rules in accordance with the laws and regulations.

In accordance with Article 20 of the Criminal Act, illegality is removed. Nevertheless, the lower court guilty of this part of the facts charged.

The judgment of the court below is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. Public prosecutor (an unreasonable sentencing decision)

The punishment sentenced by the court below (two years and six months of imprisonment) is too unhued and unfair.

2. Making a mistake of facts regarding the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (public conflicts).

Judgment on misapprehension of legal principles

A. Summary of this part of the charges

Defendant’s banks located in Gangnam-gu Seoul, Gangnam-gu, Seoul, on December 12, 2009 and around January 1, 2010.

울 임시사무소 등지에서 , 피해자 은행의 대표이사인 에게 " ▲ ▲ 상호저축은행에

(1) He has used deposited KRW 4.5 billion by a corporation * illegally *** Human Investment*

It is not necessary to solve this problem because it has been used in full payment of the loan. In addition, the head of the Gu shall not only solve this problem.

It is also known that additional 10 billion won loan has been illegally extended to the head of the internal tax office.

**** To file a complaint with the prosecution against the case of human beings ** To file a complaint with the prosecution, in whole, for the case of human beings *

“after this term,” the term “a loan of KRW 2.5 billion from the Hyundai Swiss Savings Bank.”

데 ▲ ▲ 상호저축은행에서 이것을 이관받아 가거나 그렇지 못할 경우 대출을 해 달라 "

shall be required to the effect that the report or investigation agency of the Financial Supervisory Service is made if the defendant refuses his request.

고발 등의 방법으로 위해를 가할 태도를 보이며 ◈◈◈을 협박하였다 .

At that time, however, the victim bank has accumulated unfair loans due to poor operation.

Mobilization has been in a state of capital erosion, and mobilization has been made to abnormal methods, such as external corporate financing;

such defendant as above was in a state of loss of normal business capacity, such as maintaining a bank

The situation was difficult to respond to the demand for loans by the people.

Nevertheless, if the defendant is subject to a report by the Financial Supervisory Service, the victim bank.

of the same kind as the bank is likely to actually close the door due to the suspension of business or the revocation of a license;

와 같이 협박하여 이에 겁을 먹은 ◈◈◈을 통해 2010 . 2 . 5 . 경 피해자 은행과 사이에

After entering into a credit transaction agreement (e.g., July 13, 2010 and September 16 of the same year), each limit shall be increased, and February 2, 2010.

5. The name of the corporation ① (hereinafter referred to as “i”) between around October 201 and around October 4, 2010, the name of the corporation ① (hereinafter referred to as “i”)

- A loan of KRW 1,005, 622,488 in total as follows:

(hereinafter referred to as "the loan of this case") took place in the same way.

A person shall be appointed.

B. Summary of the judgment of the court below

원심은 , 아래와 같은 사정을 종합하면 피고인이 ◈◇◈을 협박하여 피해자 은행으

Considering that it is recognized that loans have been raised from him/her, this part of the facts charged is guilty.

The judgment was determined.

1 ) ◈◈◈의 피해 진술은 주요 부분에서 일관되고 상당히 구체적이어서 신빙성이 있

2) Whether or not the defendant was entered in the place where the accident occurred or on December 2, 2009, whether or not the defendant was entered in the military court before entering the military court

적인 문제로 이에 대한 ◈◈◈의 진술이 다소 불명확하다는 이유만으로 ◈◈◈ 진술의

It is difficult to regard credibility as impeachment.

3) The Defendant: (1) On September 2009, the issue of unauthorized Withdrawal of Deposits and the head of the post office, from the first patrol officer.

대한 부실대출 문제 및 이를 문제 삼으면 ◈◈◈은 형사처벌되고 피해자 은행은 영업

I explained the risk of cancellation.

4) The injured bank was a situation in which it was difficult for the injured bank to provide a new loan within the ordinary meaning at the time.

I seem to appear.

5) ① The Defendant does not properly raise any question with respect to ① withdrawals of deposits, and ① discussion.

The loan was received in the name of the de facto and was used individually.

6 ) ◈◇◈ 및 피해자 은행이 피고인에 대한 대출 과정에서 담보물에 대한 가치 평가

In other words, the loan has not been examined properly.

7) To enable the Defendant to obtain a large amount of loans from the victim bank in accordance with the procedures of misrepresentation.

As such, it does not seem that the relationship was closely related with the defendant.

8) ① The principal debtor of the instant loan, i.e., the Plaintiff did not have sufficient means to repay the instant loan, i.e., Rusbacom

and the value of the security offered by the defendant is not adequate.

9 ) ◈◇◈이 피고인으로부터 협박당하여 부실한 담보를 받고 피해자 은행으로 하여

In a case where the Defendant had a loan paid from around February 5, 2010, then the Defendant paid the loan to the victim bank.

security of real property equivalent to the value of the increased limit when concluding an agreement to increase the limit;

However, the causal relationship between the above intimidation and the payment of additional loans is not interrupted.

10) The victim bank is a single and multiple act in which the bank withdraws a deposit.

을 취할 것을 시도한 피고인의 행위는 ◈◈◈과 우호적인 관계를 유지하며 ◈◇과의

(1) is paid upon consultation to resolve the issue of withdrawal of deposit(1).

shall be contrary to the assertion of the deceased.

C. Judgment of the court below

1) Relevant legal principles

In a criminal trial, the prosecutor bears the burden of proving the facts charged in the criminal trial.

In the recognition of a crime, the facts charged are true to the extent that there is no reasonable doubt by the judge.

As such, evidence of probative value that leads to conviction should be based on the evidence of such probative value.

If there is no doubt about the defendant's guilt, even if there is no doubt about the defendant's guilt, it shall be judged as

However, Supreme Court Decision 2010Do9633 Decided November 11, 2010 (see Supreme Court Decision 2010Do9633, etc.).

2) Determination

When collecting the circumstances of the court below, the defendant threatened the victim bank by threatening the defendant.

It is also true that there is a strong doubt that loans are not revolving. However, as seen earlier, it is also true that there is a strong doubt.

The evidence duly adopted and examined by the court below and the court below

Examining the following circumstances that are easily inferred, the evidence submitted by the prosecutor alone is sufficient to deem that the Defendant:

이 부분 공소사실 기재와 같이 ◈◈◈을 협박하여 그를 통해 피해자 은행으로부터 대

It is reasonable doubt that there was an intention to commit the crime of robbery, or to commit the crime of extortion to the defendant.

without proof. Nevertheless, the lower court cannot be deemed to have proved this part of the facts charged against the Defendant.

The court below found the defendant guilty. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

D. This part of the defendant's argument is with merit.

A) Taking into account the following circumstances, the security offered by the Defendant and its superior

없이 피고인의 협박으로 겁을 먹은 ◈◈◈의 지시에 따라 이루어진 것인지 의문이 들

In addition, the provision of a reasonable security and the receipt of a loan or the increase of the limit of loan;

to the extent of loans from the victim bank by threatening the defendant who has been aware of the location of the

It is not easy to readily conclude that there was intention to interfere with the public interest.

(1) A witness lecture who assist the business of the Korea Deposit Insurance Corporation, a trustee in bankruptcy of the victim bank;

In light of the lien, time difference, etc., the value of the first loan of this case is sufficient at the time of the first loan.

The author stated to the effect that "(3) through (8) the witness examination record as to the party witness."

In addition, the prosecutor's office has poor connection with the loan of this case to the defendant of the victim bank.

The effect of a loan that has not been prosecuted on suspicion of departure was a loan that has been provided with a considerable security.

The possibility of having influenced shall not be ruled out.

( 2 ) ◈◇◈은 검찰 조사에서 , " 당시 피고인으로부터 용인시 처인구 # # 동 담보에

The value of the security was large, but the land was under investigation by the prosecution, and the land was blind.

The transfer of ownership had been registered in advance due to the transfer of ownership, and the actual ownership was transferred to another person.

the court of the court below after having known that “the access document was made” (No. 2148 of the evidence record No. 3), and “the access document” in the court of the court below

In addition, if the same is obtained or completed without permission for use, e.g., e., e., e.

1. The statement was made to see "(1203 pages 1203 of the trial records)" and the above statement was made.

of the security value provided by the Defendant at this time; and

There is room to see it.

(3) (1) The Defendant, having the land of the Defendant as the primary debtor, has been granted a loan from the victim bank, and (1)

(1) To deem that there is no financial capability to repay loans by Pabacom that do not engage in business activities at the time.

이는 것은 사실이다 . 그러나 이 사건 대출 당시 피고인과 피고인의 처 백■￭는 ①①

토탈의 대출금 채무에 관하여 연대보증하였고 ( 실제로 피해자 은행은 백■■ 소유의 서

Ulsan-gu Demban Dong-dong Do- - Dong - - Dong - Dong - Dong - Young-gun, Jeonnam-gun, U.S. and U.S., U.S.

LOO - The trustee in bankruptcy of the victim bank after the provisional seizure on three land, etc.

The Korea Deposit Insurance Corporation against the defendant who is the principal debtor and the defendant who is the joint guarantor and 00 / 00 /

A lawsuit claiming a loan was filed and partly won (No. 1038 of the trial record).

(4) At the time of the first loan of this case, the Defendant: (1) six parcels of land, including the wife population * Mae Mae Mae Mae - 3

heading 1, 302, 501, 502, 601, 602, 701, and 801 of the aggregate building;

Sub-Section 802, Nos. 901, 902, and 1001 (hereinafter referred to as "each of the sub-sections of this case") and any of them

The six parcels of land were provided as security. In this regard, the bankruptcy trustee of the victim bank is the trustee in bankruptcy.

The Gold Insurance Corporation shall conduct appraisal to the central appraisal corporation on No. 901, No. 902, and No. 1001.

A. On February 24, 2017, the appraisal value of the said three generations as of February 24, 2017 shall be 300 million won in total.

3. 4 million won ( = 10 million won + KRW 16,000 + KRW 60 million + KRW 60,000). (Public trial records No. 714)

i) If the above appraised value is converted into the area of each partitioned building, each of the instant sections of this case

the assessed value of the sum of KRW 1.23 billion and KRW 8 million ( = 1.11 billion = KRW 3 million + KRW 9 households + KRW 16.6 billion + KRW 1 million.

Generation +6,100,000 x one household).

Of course, as the court below properly pointed out, the above appraisal is appropriate for each section.

Conditions to which shares accrue (see "non-high" in the table of No. 715 of the trial record), defect repair expenses and public imposts

Subject to the condition that additional costs incurred in the resumption shall not be considered, the actual value shall be appraised.

Although it seems that it does not significantly affect the appraised value (the name of the defendant as to the part of the site);

The registration of transfer of ownership has been cancelled by a final and conclusive judgment or the pre-announcement registration has been completed), so,

At the time of the loan of this case, the value of each of the partitioned buildings of this case is approximately KRW 60 million (actually:

It is difficult to readily conclude that the amount to be withdrawn is insufficient to secure approximately KRW 400,000,000,000,000; and

고인과 ①①토탈 대표이사 이▶▶ 이 개인 명의로도 연대보증을 한 점을 더하여 보면 ,

At least there was a perception that the defendant was given a loan by providing adequate security from the standpoint of the defendant.

may be deemed to have existed.

(5) The Defendant entered into an agreement on July 13, 2010 on the increase in the amount of loans with the victim bank; and

소유의 종로 ▼ ▼ ▼ ▼ ▼ 팰리스 4층 1호 지분 113 . 4 / 1134 . 36 및 5층 1호 지분

191. 08/1108 offered as security 81. (The defendant's claim for full transfer of shares in his wife name)

The registration was transferred to the injured bank. The records of trial No. 728 to 737 of the trial record are also recorded;

2010 . 9 . 16 . 피해자 은행과 대출한도 증액 약정을 다시 체결하면서 , 박▷▷ 소유의 서

Seoul Special Metropolitan City relay 26, 575 m2,00,000,000

제1925 내지 1938쪽 ) . 한편 종로 ▼▼▼▼ ▼ 팰리스 4층 1호 지분 113 . 4 / 1134 . 36 및 5

February 24, 2017 by the Central Appraisal Corporation on February 81, 1108, 91 Shares No. 1 of 91 08/ 1108

A total of KRW 370 million and KRW 3 million ( = KRW 222 billion + KRW 140 million + KRW 7 million). (Public trial records No. 745)

쪽 ) , 피해자 은행의 파산관재인인 예금보험공사는 박▷▷이 제공한 담보물에 대한 담보

Having exercised the right to receive dividends of KRW 165,084,591 (No. 3 evidence records 1939);

1940 pages, the trial records No. 1022). Ultimately, the Defendant increased each time when a contract to increase the lending limit was concluded.

It seems that real estate equivalent to the amount of Do has been provided as security.

( 6 ) 당시 피해자 은행의 대출업무를 담당하였던 이▼▼은 검찰 조사에서 , " 원칙적

the security should be verified by reviewing the same as the appraisal report submitted and directly finding the security.

는데 , 피해자 은행의 경우 그 당시 실제 대출심사가 거의 이루어지지 않은 채로 ✨✨

§ 2 of the evidence record No. 2 of the record was the state in which the loan was determined in accordance with the direction of the court.

1612 pages) In addition, B from 2006 to 2011, as the representative director of the victim bank

be prosecuted on charges of making a bad loan without being fully secured in violation of his/her duties;

(2) On the other hand, a conviction has become final and conclusive after having been sentenced to 7 years of imprisonment.

In fact, on February 17, 2010, the maximum amount of the instant case, including a security loan of approximately KRW 9 billion to Hun-Ma, Inc.

A large number of loans made without collateral at the time adjacent to February 5, 2010, the initial point of time of loan shall also be included;

(No. 2326, 2327 of evidence records). In light of these circumstances, the same shall apply to the same time as well as the damage thereof.

because the bank appears to have carried out the loan several times after the non-performing loan examination at that time, the bank

Even if the Defendant received the instant loan in accordance with the procedure for the examination of defective loan, such loan;

It can not be viewed as a special example.

B) Direct evidence that corresponds to this part of the facts charged can be deemed as direct evidence, and there is ① a statement (this obscenity, Kim.)

their respective statements are “The purport that they were threatened by the Defendant.”

C) 3) However, there is evidence duly adopted and examined by the lower court and the first instance court:

In full view of the circumstances such as the above, 10 statements are questionable as to their credibility.

(4) It is difficult to believe to believe to the public.

( 1 ) ◈◇◈은 검찰에서부터 원심에 이르기까지 , " 피고인이 대출을 요청할 당시 피

The Bank shall not be able to resolve the liquidity shortage problem by using bonds to the extent that the financial situation is not good.

Only a kind of loan has been made through a legal method, but no new loan has been made.

Nevertheless, I stated to the effect that the defendant's intimidation was inevitably granted a loan.

However, on December 12, 2017, the fact-finding inquiry letter and period for the Korea Deposit Insurance Corporation.

According to each description of a statement of new loans (No. 49, 50) (Evidence 49, 50 of the submission by a counsel), the victim bank shall

The fact that from September 2009 to August 2010, a total of 10,000 won loan was executed 1,084 times from around September 2009, and that this was conducted in total.

A comprehensive loan similar to the loan method in this case has been implemented at least 50 times, and the amount of the loan is KRW 00,000,000.

In addition, it is recognized that there is a lot of fact in terms of KRW 100,000.

(1) The term "Financial Supervisory Service and the Korea Deposit Insurance Corporation" in the first instance court to assist in the bankruptcy proceedings.

As a result of the investigation, the repayment loan between 2009 and 2010 was determined as 108 cases.

The statement to the effect that the sum total of 1,084 cases in the above inquiry letter cannot be a full refund loan cannot be made.

(2) The record of the examination of the witness for the trial (the second page of the examination of the witness for the trial). As to these circumstances

In most cases, 1,084 loans from the victim bank as mentioned above and 1,084 loans from the victim bank

I show that there is no objective evidence to prove that the loan constitutes a hostile loan.

- At the time of the instant loan, the victim bank provided a substantial amount of new loan to the Defendant.

The fact that the statement is sufficiently recognized, and the statement that is contrary to this cannot be trusted.

In this regard, he appeared as a witness at the trial and stated his own flag as above.

The contents of the existing statement and the contents of the fact-finding reply and the statement of the lecture are different from those of the court.

could not reasonably explain.

(2) The court below held that the project or related dispute has already been consulted upon

(1) A dispute arising in the course of the settlement of a deposit held by the victim bank.

There is a fact that the defendant has heard about the victim's bank. "The defendant's civil action against the victim bank"

기하거나 ◈◇◈을 형사 고소한 후에 이 자신에게 자문을 구한 적이 있다 " 고 진

of this case, "a defendant demands a loan by intimidation, or the defendant files a complaint."

In relation to this case, there was no statement to the effect that he had threatened himself (public).

No. 1472 to 1474 of the printing records) also, in the original trial, this shall be from the court of the court below to the defendant.

대하여 ' 원래는 폭력배라는 이야기를 들었는데 사실 만나보니까 싹싹하고 인사성이 밝

(c) hear the opinion that it was 'any difference from one’s own, and that it is so low as to do so;

I stated “I” (the 1473 pages of the trial record).

(3) A person who sent a letter to a police officer on September 7, 2010 even if the defendant sent it to a police officer on September 7, 2010

It is only the purpose of asking for the loan of security by asking for the difficult circumstances;

the court records No. 185 of the court records).

( 4 ) ◈◈◈은 피고인으로부터 협박을 받아 겁을 먹고 피고인에 대한 대출을 실행

As such, the Defendant did not examine the loan of the security provided and the value of the security.

(2) No. 2 of the Evidence Record No. 2

1642, 1643 of the trial records, No. 1192 of the trial records), and those which have no value as security to the security provided by the defendant.

Recognizing that a loan was made with knowledge, the statement is made to the effect that the loan was made (No. 1202 of the trial records). As such, this is the same.

on the ground that the statement is not consistent, in the court of the court below, "a loan to the defendant"

The apartment house provided as security by the employees of the victim bank at the time is above the blind.

Although there was a talk that registration was made or preliminary notice was made, it is forgotten in the process of investigation by the prosecution.

In other words, they stated “(1202 pages of the trial record)” but as seen earlier.

In the court of the court below, the court of the court below does not examine the loan of the security provided by the defendant.

The statement was made that it was not, but reversed.

( 5 ) ◈◇◈은 " 피고인을 2009 . 12 . 경 처음 만났고 , 피고인을 처음 만났을 당시부터

The Defendant stated to the effect that he was threatened (Evidence No. 3, No. 2149, 2150 of the evidence record);

The trial records No. 1196 pages 7). However, the Defendant at the end of June, 2009 through July 2009

과 함께 ◈◈◈을 만난 적이 있다 " 고 진술한 점 ( 공판기록 제1119쪽 ) , ② ◈◈◈은 " 피

고인이 종로 ▼▼▼▼ ▼ 팰리스 관련 대출을 요청하여 종로 ▼▼▼▼ ▼ 팰리스 상가건물

(3) The management of the above management body shall be based on the fact that the management body has visited the management body. (No. 1196 of the trial records)

인인 이한식은 " 2009 . 7 . 경 위 관리단 사무실에서 피고인과 함께 종로 ▼▼▼▼ ▼ 팰리

스 대지권 토지에 관한 낙찰대금의 대출과 관련하여 ◈◇◈을 만난 적이 있다 " 고 진술

한 점 ( 공판기록 제1402 ) 8 ) , ④① 종로 ▼▼▼▼▼ 팰리스의 대지권 토지에 대한 재공매

5 880 of the record of the public trial (No. 1080 of the record of the public trial) No. 209 of August 2009

전에 피고인을 처음 만났고 , 당시 피고인은 ① 에게 종로 ▼▼▼▼ ▼ 팰리스 대지권

토지에 관한 공매 관련 매각대금의 대출을 요구한 것으로 보이므로 , ◈◇◈의 위 진술

I believe it is difficult to believe it as it is).

(6) In the prosecutor's office, "the first day of the delivery of the defendant himself" (1) unauthorized withdrawal of the deposit; and

The Financial Supervisory Service or an investigative agency may make an issue of a bad loan to the head and threaten to know it.

At the same time, the claim of KRW 2.5 billion against the defendant of the Hyundai Swiss Savings Bank shall be transferred by the victim bank.

or the victim bank requested the defendant to provide a loan to the defendant.

However, in the court of the court below, the defense counsel's "the defendant's witness was first sent to the court of the court below."

in this section, the term "to ask questions about what the witness was to harm him or her and to threaten him or her."

(1) 4.5 billion won, or 4.5 billion won, shall be subject to the deposit, and any method for making such deposit.

In other words, "the answer was made, and the defense counsel was the representative of the "&&&&&&", and the problem was found.

(3) If the defendant complies with the foregoing paragraph, the defendant's right to demand the loan to him, and the defendant's right to demand the loan to him.

(i) “An accurate memory is well known,” and a loan story is also given that a comprehensive talk was made.

The resolution of compensation and problem was made because of what formula it was and what kind of compensation would have been received.

Since the plan has been changed and it is blished that the loan, or it is included in 200s.

A. The Prosecutor’s Office responded “(1199, 1200 pages of the trial record)”

The contents of intimidation and the content of damage, while the court below has made a significant and comprehensive statement;

There is a difference between the statement and the statement.

(7) On the other hand, in collusion with this invoice, the Defendant deposited the victim bank ① (i) in collusion with the victim bank.

The amount of KRW 4.5 billion was used for the repayment of loans to the victim bank*** the use of loans to human beings*

(1) The embezzlement against ① constitutes embezzlement, and direct the victim bank**** Human Management.

6.3 billion won (the actual amount paid to KRW 5 billion) is subject to breach of trust against the victim bank.

§ 820, 823 of the trial record) The filing of the complaint by asserting that the complaint is not filed (as stated in the judgment record No. 820, 823)

(1) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in relation to the withdrawal of deposits without permission on December 29, 2014

As embezzlement, *** Aggravated Punishment of Specific Economic Crimes (Aggravated Punishment of Specific Economic Crimes) with respect to loans of KRW 5 billion to human beings**

In violation of the Act on the Protection, etc. (Misappropriation of Trust) each indictment (No. 807 to 813 of the trial records), the accused and the defendant

effect on the statement in criminal cases against the defendant by the position that had been in a hostile relationship;

It is also difficult to exclude the possibility of having influenced.

C) The Defendant prepared, on September 2009, on behalf of the Defendant, in lieu of verifying the content of the Defendant’s name, from the first policeman.

(1) The withdrawal of deposit(1) is made in the process of dividing dialogues with the recipient and the recipient.

not only but also the fact of a credit loan of 10 billion won or more to ○○○, etc. of the victim bank

If the issue is whether there is an illegal loan in relation to this chapter, the question is whether there is an illegal loan.

The victim bank shall be subject to criminal punishment and the victim bank shall provide an explanation about the risk of business cancellation.

It is true (as evidence No. 2179 to 2204).

However, as stated in the facts charged of this case, the defendant without permission of deposit ①

The Financial Supervisory Service or the investigative agency expressed that the issue of outflow and insolvency loans, etc. is known to the Financial Supervisory Service or the investigative agency.

(1) If there is a legitimate issue as a representative, or (1) ultimately as a creditor.

There may be room to view that it is for the recovery of one’s claim. In addition, even though it is declared not guilty, all of them are pronounced not guilty.

하였으나 , 앞서 본 바와 같이 ◈◈◈은 ①① 예금의 인출과 관련하여서는 횡령으로 ,

*** There has been a fact that each public prosecution has been instituted in breach of trust in connection with a loan to a human subject management**

c) On the other hand, this actual conviction is found in relation to the bad loans to ○○○ Corporation.

(3) No. 2324 of evidence records).

3. Judgment of misconception of facts and misapprehension of legal principles as to the establishment of the defendant's gambling place

A. As to the Defendant’s assertion that he did not operate the casino before around November 2013

The following may be known in accordance with the evidence duly adopted and examined by the court below and the court below:

When collecting circumstances, not only the period from November 201, 2013 to July 20, 2015, recognized by the defendant, but also the period from July 20, 2015.

아니라 2010 . 6 . 경부터 2013 . 11 . 경까지의 기간에도 이▣▣ , 정 과 공모하여 이 사

It can be recognized that the defendant operated a casino. Accordingly, the defendant's above assertion is acceptable.

(2).

1 ) 이 사건 카지노는 기존에 이▣▣ , 박▥▥가 각 지분을 가지고 있었는데 10 ) , 피고인

은 2010 . 6 . 14 . 경 6억 원을 투자하여 이 사건 카지노에 관한 이▣▣의 지분 30 % 를 정

目 명의로 인수하여 이 사건 카지노에 관하여 피고인 30 % , 이▣▣ 50 % , 박 20 %

A. On the other hand, the Defendant invested KRW 200,000,000 in an additional amount of KRW 200,000, in a slot machine, and

After purchasing machine, it was installed in the casino of this case.

2 ) 피고인은 2012 . 6 . 경 이▣▣에게 3억 원을 대여하면서 이▣▣으로부터 이 사건

카지노에 관한 이▣▣의 지분 50 % 전부를 정目 명의의 담보로 제공받았다 . 이후 이

▣▣이 피고인에게 3억 원을 변제하지 않고 소재불명 됨에 따라 피고인은 정 명의

In the instant case, the Defendant was holding 80% of the shares in the instant casino, and the writing from November 201, 2012

They managed the casino.

[The Defendant’s share in the name of the Defendant in the casino of this case at the same time]

The defendant asserts to the effect that he was not in possession. However, the defendant is another case.

In the prosecutor's investigation, "Around June 2010, 30% of the casino shares was acquired in the name of the court, and thereafter, in the name of the court.

2012 . 경 이▣▣이 카지노 지분을 담보로 30만 달러를 차용하였으나 이▣▣이 차용금을

변제하지 못하게 되면서 이▣▣ 지분 50 % 를 합한 지분 80 % 를 정 명의로 보유하

(3) The evidence No. 4, 3501, 3503, 3504, 3504 of the evidence records)

및 박▥▥의 원심 법정 진술 역시 피고인의 위 검찰 진술에 부합한다 ( 공판기록 제

1308 to 1311, 1331, 1332 pages) Accordingly, the casino of this case under the name of the defendant at the time of his trial.

80% of shares may be sufficiently recognized as holding 80%)

3 ) 박▥▥는 2010 . 6 . 경부터 2013 . 11 . 경까지의 기간동안 이 사건 카지노의 관리에

거의 관여하지 않았고 , 이▣▣과 정이 , 이▣▣이 소재불명 된 후에는 정이 각

Residential and managed 11) Since the Defendant was staying in Korea, the Defendant was staying in the instant casino.

not, however, visit the casino of this case once a month to see the casino of this case and the casino of this case

The contents of the Decree or important matters were stated, and the game machine was managed. The Defendant was July 2012.

9. From February 20, 2013 to February 20, 2013, to receive a daily report on the current status of profit from each machine of the casino;

I also viewed that it was.

4) Proceeds from the operation of the casino of this case between the Defendant, this case, and this case’s casino

There was an agreement to divide at a rate, but even if there was no profit, the defendant is a minimum month.

10,000 dollars have been paid. Accordingly, the business of the casino of this case after around June 2010.

Although the distribution of profits has not been made properly, USD 10,000 per month for the defendant shall be loaned.

분 지급되었다 ( 이▣▣과 함께 또는 단독으로 이 사건 카지노에 상주하며 관리 업무를

The person in charge has received benefits of USD 3 million per month or USD 3,00 per month (only the person has received benefits of USD 3,00).

나 . 피고인이 이▣▣ , 박○○의 도박장소개설 범행에 대하여 공동정범 죄책을 부담하

respect the assertion that no action is brought

In accordance with the evidence duly admitted and investigated by the court below, the following circumstances are discovered:

아 보면 , 피고인은 이▣▣과 박○○가 노 등으로 하여금 이 사건 카지노에서 딜러

under subsection (1) of this section, with the knowledge of having us stay, the internal review of which is acceptable.

by lending money of USD 100,00 to Trade and Labor II, the crime of opening gambling places.

It is sufficiently recognized that the principal part of the defendant has been carried out by sharing the principal part thereof. Accordingly, this part of the defendant

We cannot accept the argument.

1) Noh II is the police, the prosecution, and the lower court’s court court’s trial on January 6, 201, with the endurr in the instant casino around January 6, 201.

The manager of the casino of this case who was engaged in gambling by dividing D and dividing D, while losing money.

Lambling funds of USD 100,000 from chips and USD 100,000 again from the defendant

The defendant consistently stated that he borrowed the loan. In addition, "the defendant was a person with a broad interest", and the defendant was the defendant.

The defendant et al. stated that the defendant et al. has borrowed money that the person has to pay for business, and thereafter the defendant et al.

the Corporation's hotel room and urged the Corporation to provide reimbursement. "A statement without actual experience, such as the Corporation's hotel's room."

It has made a statement that is difficult to do so, and there is credibility in the statement.

2) On January 6, 201, the Defendant also received a request for a loan of money for gambling from a hotel hotel street.

I stated that there is an enemy and there is an entry into a hotel room (Evidence No. 1 of Evidence Records)

246, 247, 313, 321 pages) In addition, Nowon-gu stated that it shall be the account for the full payment of gambling funds borrowed by Nowon-gu.

C. At the same time, the account number of the National Bank was written, and the Defendant submitted the account number to the Defendant.

(No. 245 of evidence No. 1, No. 245 of the record). On the other hand, the Defendant’s hotel room in the old.

을 방문한 경위에 관하여 , " 당시 우연히 호텔 객실을 나오다 이▣▣을 만났는데 , 이미

▣이 ' 카지노를 한 노가 판사 출신 변호사와 같은 방에 있는데 , 이야기를 하러 간

In the meantime, "Aer who entered the same place", and he was in the process of talking about it.

(No. 247 of the evidence record No. 1). He made a statement to the effect that he did not know well without any specific use.

It is difficult to easily understand that people's rest at their hotel rooms have been left.

3 ) 피고인은 이▣▣ , 박○○가 피고인 모르게 노II 등에게 이 사건 카지노에서 딜

1.3 Badada, and after lending money for gambling, to be repaid by any person

The defendant stated that the account number of the defendant known to him was known, but as seen earlier.

The Defendant, who was involved in the operation of the instant casino, was on January 6, 2011 at the instant casino.

Even if the visiting was in office, he did not know the above gambling, but this, ○○ Ga

Gabling money through the account of the defendant who has concealed the gambling fact, by informing him of the account of the defendant and by means of the account.

It is difficult to easily understand that he/she intended to receive payment.

C. As to the assertion that illegality is excluded as a justifiable act

1) The scope of the Criminal Code against an act outside the territory of the Republic of Korea of a national

"This Act" in Article 3 of the Criminal Act shall apply to a national who commits a crime outside the territory of the Republic of Korea.

(2) the Act provides that the Act shall apply

A number of scholars with respect to the above provisions shall, in the territory of the Republic of Korea, apply to domestic law outside the territory of

If a person commits a crime against 12) a crime is committed in the Republic of Korea, even if the act does not constitute a crime in the place of the act.

It is believed that the so-called "absolutism," which is punished for violation of law, is defined as "absolutism".

C. On the contrary, in interpreting the above as above, it excessively limits a national’s fundamental rights.

The unreasonable result of punishment which would result in or would not result in compliance with the domestic law.

legislation that is not likely to cause discrimination with foreigners, or that is difficult to find a case world;

on the ground that the proviso of Article 6 of the Criminal Act does not constitute a crime under the law of the place of an act.

In the case of exemption from prosecution, prosecution or execution of punishment, "the above provision shall apply mutatis mutandis."

to limit the scope of punishment, while maintaining the interpretation of the above provision.

There is a legislative proposal that it should be.

Although there is a conflict of opinion above, the text of Article 3 of the Criminal Code or the case of a Korean national's overseas crime

There is no provision of the same restriction as the proviso of Article 6(13) of the Criminal Act which provides for punishment for crimes outside the country of foreigners.

In that sense, Article 3 of the Criminal Code is a crime against a Korean national's overseas crime in the place of such act.

Even if not, it does not mean that domestic law is applicable (Supreme Court Decision 24 June 24, 1986).

Supreme Court Decision 86Do403 Decided April 23, 2004, Supreme Court Decision 2002Do2518 Decided April 23, 2004, etc.

Therefore, in respect of an act outside the territory of the Republic of Korea of a national, the act

domestic law, as a matter of course, does not constitute a crime, even if such

applicable and constitutes a constituent element prescribed by domestic law, and is illegal and is deemed responsible;

In accordance with the domestic law, punishment is to be made.

2) The application of Article 20 of the Criminal Act to an act outside the territory of the Republic of Korea by a national

On the other hand, Article 20 of the Criminal Code provides that "any act or work done by law or any other social norms."

Action not in violation of the law shall not be punishable, and "act in accordance with the law" or "social rules"

'act which does not go against' is defined as one of the grounds for excluding illegality. The Decree of the Republic of Korea of Korea of Koreans

As seen earlier, domestic law is also applicable to the conduct outside the station, and therefore, the representation of a national is the same.

Article 20 of the Criminal Code is naturally applied to acts outside the territory of the Republic of Korea, which are in accordance with the laws and regulations.

If ‘act that does not go against the social rules' is ‘act that does not go against the social rules', illegality is excluded and punished.

3) In the application of Article 20 of the Criminal Act to a Korean act outside the territory of the Republic of Korea, the statute of law

(b) The criteria for determining "act which does not violate social rules";

A) The reason why Article 20 of the Criminal Code provides "act under the law" as one of the grounds for excluding illegality.

to the extent that the illegality judgment of criminal law is not detrimental to the unity of Korean legal order.

Since it is due to the need to be done, the term "law" is in accordance with the law or domestic law enacted in Korea.

to the extent that such interpretation is limited to the foreign laws, international rules, etc. approved as effective under domestic law;

In principle, "act that does not violate social rules" as provided in Article 20 of the Criminal Code means "act that does not violate social rules".

The spirit of the law and order as a whole or the state of social ethics or social norms being placed behind it;

Inasmuch as such act is permissible (Supreme Court Decision 2012Do992 Decided August 18, 2017)

Supreme Court Decision 2012Do13352 Decided October 26, 2017 (see, e.g., Supreme Court Decision 2012Do13352), and “social norms” here.

In principle, it shall be determined on the basis of our legal order, social ethics, or social norms.

Also, it should be seen that there is no reason to view.

If the above interpretation takes effect in the territory of the Republic of Korea, the above interpretation shall take effect.

with respect to acts other than the Republic of Korea which do not have the effect of domestic law.

of a national outside the territory of the Republic of Korea, if applicable;

As long as it is contrary to the laws and regulations or social rules of Korea, it is not in relation to the laws and regulations or social rules of the place of action.

section 20 of the Criminal Code provides that "an act that does not violate social rules" or "an act that does not violate social rules."

It is difficult to see that it is difficult to say.

(b) However, countries around the world have criminal laws applicable in their respective territories, and they have their own:

for all of the foreigners in Korea and foreigners without almost exceptions to the conduct in the territory of the sovereignty;

The national adopts the territorial rule applying the laws of the State. Accordingly, a national of the Republic of Korea adopts the territorial rule

In the case of acting outside the territory, not only the domestic law but also the law of the place of action is also applied.

Countries around the world have different provisions of criminal law depending on their own needs and their social values.

(v) even if an act constitutes a crime under domestic law, the law or society in the place of the act

A case permitted or legally enforced under the laws and regulations may arise. In such a case, a national shall be a national.

acting outside the territory of the Republic of Korea in accordance with the laws and regulations of any country and social rules;

of this case, there may be confusion as to whether or not it is illegal. As such, a national of the Republic of Korea may be included in the confusion.

Acts outside the territory of the State as well as domestic statutes and social rules; and

Article 20 of the Criminal Code on the Grounds for the Elimination of Illegality as seen earlier due to the special nature that it is used.

(b) a national of the general interpretation of 'act which does not violate the social rules';

We decide whether to apply them to acts outside the territory of the Republic of Korea as they are.

domestic laws and regulations in accordance with the general interpretation principle of Article 20 of the Criminal Code.

of the Republic of Korea outside the territory of the Republic of Korea shall not have the sovereignty of the Republic of Korea.

Therefore, the view that the laws and regulations of the country where the act was committed should be based on the social rules of the country, both countries.

There are various opinions such as the view that the statutes and social rules should be considered together.

This criminal law does not violate the "act under the law" of Article 20 of the Criminal Code or "act which does not violate the social rules".

In determining whether a country has committed an act or an act or an act or an act or an act or an act or an act or an act

There is no clear provision as to whether or not it should be.

C) Therefore, the statutes and social rules of Korea and the country where the act was committed are different as above.

section 20 of the Criminal Code provides that "an act that does not violate social rules" or "an act that does not violate social rules."

I regard the simple criteria.

Since the Constitution is the highest norm binding all national agencies of legislation, administration, and justice, the court shall

In interpreting the law, it should be interpreted in harmony with the Constitution as the highest norm.

103 also requires a judge to judge according to his conscience and conscience in accordance with the Constitution and laws.

As a result, it declares that the first norm to be followed by the judge in the trial is the Constitution.

If it is possible to interpret a number of statutory provisions, a judge shall give priority to them.

to the extent possible in the light of the language and purpose of that provision;

In other words, constitutional interpretation should be chosen (Supreme Court Decision 2004Du10289 Decided February 12, 2009, Supreme Court Decision 2004Du10289 Decided February 12, 2009, Constitutional Court

Court en banc Order 89Hun-Ma38 Decided July 21, 1989, see, e.g., the above-mentioned sentence)

Interpretation of Article 20 of the Act to the extent that it conforms to the Constitution in interpreting the grounds for dismissal of illegality

However, all citizens shall have dignity and value as human beings and the right to pursue happiness.

and the State shall have the duty to verify and guarantee the fundamental human rights of individuals.

(Article 10 of the Constitution of the Republic of Korea) The people shall have personal liberty and freedom of residence and movement (Article 12 of the Constitution of the Republic of Korea)

1. Paragraph 1, Article 14), property rights are guaranteed (Article 23(1) of the Constitution). The freedom and rights of such people shall be unconstitutional.

(Article 37(1) of the Constitution), national security and quality, not by reason not listed in the law.

The essential nature of the freedom and rights of the people only when required for maintenance or public welfare

Only to the extent that it does not infringe on the person’s contents (Article 37(2) of the Constitution).

Acts and subordinate statutes related to criminal punishment, including the Criminal Act, are the lives, freedom, property, etc. of the people of punishment.

Inasmuch as freedom, which is a fundamental right of the people, is restricted by an indivating means against the State, the provisions and regulations thereof.

For national security, maintenance of order, or public welfare pursuant to Article 37(2) of the Constitution;

Restrictions, only if necessary, not infringing on the essential contents of the freedom and rights of the people.

such constitutional request shall be defined and interpreted in terms of a national's overseas crime. Such a constitutional request shall be

The same applies to the interpretation of penal provisions. The Supreme Court shall be deemed the same in the case of foreign nationals abroad.

For a constitutional ground for punishing a crime, "foreign crime of a national outside the territory of the Republic of Korea"

Considering that the crime has a negative impact on our society like the case of committing the crime

No violation of the principle of propriety, the principle of excessive prohibition, the principle of balance of legal interests, etc. shall be deemed to have been violated.

Therefore, Article 3 of the Criminal Code cannot be viewed as a violation of the Constitution (Supreme Court Decision).

The constitutional grounds for punishing a national's overseas crime (see, e.g., Supreme Court Decision 2004Do214, Sept. 24, 2004)

The act is found to have a negative impact on our society, and it also has grounds for punishment.

Korean national security maintenance or maintenance of order due to influence over our society; or

It can be said that it is necessary to find out the necessity for public welfare.

Considering the above constitutional demands, conduct outside the territory of the Republic of Korea by nationals;

If, as a matter of course, is allowed by laws and regulations or social rules of the place, for such acts:

In punishing a person by applying domestic law, such an act infringes on the legal interest that the domestic law intends to protect.

For national security, maintenance of order, or public welfare in Korea, there is a need to prohibit it.

The freedom and rights of nationals after first examining whether or not it is necessary to do so, only if it is deemed necessary to do so.

be punished only to the extent that it does not infringe on the essential content of the complaint.

domestic law should be interpreted and applied.

If not so, a national does not act outside the territory of the Republic of Korea;

such act is naturally allowed by law or social rules in the place of such act.

The national security and order of the Republic of Korea is not infringed upon the legal interests to be protected by domestic law.

The purport that even in cases not unrelated to the public welfare can be punished by domestic law.

If interpreted and operated, the Constitution stipulates the freedom and rights of nationals outside the territory of the Republic of Korea.

The result of the restriction beyond the limit of the fundamental rights as set forth above is considered to be unconstitutional.

C. In addition, the application and interpretation of the above unlimited domestic law is governed by the law of the place of such act.

subject to the law of the place of such act if the national complies with the domestic law.

As a result, it will bring about a result contrary to the constitutional spirit that infringes on the freedom and rights of nationals.

For example, Article 13 (3) of the Road Traffic Act of Korea has a driver of a vehicle.

The duty of passage to the right is prescribed by section 156 subparagraph 1, to the driver who has violated the duty of passage to the right.

in this context only the roads designated by the Republic of Korea are subject to punishment.

v.I.D., in reality, an unspecific number of people, motor vehicles and horses (motor vehicles) are open to the public.

Road traffic includes all "place where safe and smooth traffic needs to be secured" as cattle (road traffic);

Article 2 subparagraph 1 (n) of the Act, and a national shall be designated by a foreign country other than a road designated by the Republic of Korea.

even if the road is a road, if it is an open place to a large number of unspecified persons;

Criminal punishment under the Road Traffic Act of Korea in the case of a violation by driving on the side.

On the other hand, in the case of England or Japan, vehicles are institutionalized to pass on the left side of the road.

A. As such, domestic law and place of action on vehicle traffic in England and Japan are applicable to a Korean national.

The law conflicts. In such a situation, it is required to comply with the domestic law for the national.

If such violation is deemed illegal, the place where a national does not comply with a domestic law;

In accordance with the law, our society that seeks to promote the above provisions of the Road Traffic Act even if driving a vehicle;

there is no room to infringe upon the legal interests of ensuring the safety of road traffic;

section 35(1)(2)(3)(2)(3)(2)(3)(2)(2)(2)(1

violation of the freedom by being unable to drive a vehicle due to punishment or safety by

(2) shall be subject to the

In addition, Article 21 (1) of the Korean Criminal Code provides that "The current division of the benefit and protection of one's own or another's legal interest"

Acts to defend against infringement shall not be punishable if there are reasonable grounds.

in paragraph (2). The punishment shall be mitigated according to the circumstances when the defense act exceeds the degree.

‘The present nature of the infringement' as a requirement for the establishment of self-defense.

The Supreme Court Decision 2003Do3606 Decided November 13, 2003; 2003Do3606 Decided November 13, 2003;

With respect to defense exceeding reasonableness (see, e.g., Supreme Court Decision 2013Do2168, Mar. 15, 2017) and defense activities beyond reasonableness

Recognizing the establishment of a crime, the punishment can be mitigated or exempted, on the other hand, the United States.

Astle - In many states of countries, privacy, such as residence or tea, shall be guaranteed through the doctrine of law.

or resident with the intent to unlawfully or compulsorily intrude into the place; or

In the event that there was a reasonable belief to threaten life or body, a fatal type.

The exercise of power also permits as self-defense, Standle - your - g ground law

Active types to defend himself/herself in any place other than the place where his/her living is guaranteed;

By allowing the exercise of force, ‘the present nature of the infringement' and ‘the reasonableness of the defense act' different from our criminal law.

The requirements for establishment of self-defense are not required or significantly mitigated. In such a way, self-defense is required.

In a situation where the requirements for establishment are different, a national is life from a local resident in the United States; or

In spite of a situation in which a person is threatened or threatened, it is not a relaxed U.S. law.

If the requirements are bound to act as defense in accordance with strict domestic law, the life or body of the national.

the risk to the foreigner is significantly increased compared to that of the foreigner, and as a national, the appropriate defense act by the national

It would be impossible to make it available.

Therefore, the act performed by a national outside the territory of the Republic of Korea is in violation of domestic law.

The act is naturally permitted by law or social rules at the place of the act.

The national security and order of the Republic of Korea is not infringed upon the legal interests to be protected by domestic law.

section 20 of the Criminal Code, the term "act in accordance with the law or society" or "act in accordance with Article 20 of the Criminal Code" if it is unrelated to public welfare.

applicable by analogy the provisions on ‘act which does not go against the rules of law' causes the elimination of illegality.

It should be viewed as a interpretation that conforms to the spirit of the Constitution.

D) As above, Article 20 of the Criminal Act is applicable to the acts outside the territory of the Republic of Korea of a national.

The wide recognition of the grounds for the exclusion of law is widely recognized internationally.

In the modern society, in principle, a crime against a Korean national's overseas crime is committed in the place of action.

only, or (such as Germany, Austria, Switzerland, etc.) specifically

Unlike the developed countries of the United States, the United Kingdom, France, Japan, etc., the German criminal law of Naran Section is the same as the German criminal law of Naran Section.

From the viewpoint of the Korean criminal law that allows the application of the domestic law without any limitation;

by reason of fact that our people are relatively unfavorable compared to foreigners;

The restriction on freedom and rights in the society and the decrease of international competitiveness are somewhat mitigated.

It is also possible to bring positive effects.

3) The case of the establishment of the instant gambling place

A) Whether an act of opening gambling outside the territory of the Republic of Korea and constitutes Article 20 of the Criminal Code

Article 246 of the Korean Criminal Code prescribes the crime of gambling and the crime of habitual gambling, and Article 247 of the Korean Criminal Code provides the crime of gambling.

The establishment of a lawsuit, etc. provides for the crime of gambling-related crimes by our criminal law.

The reason is that our society's economy is punished by punishing the acquisition of property not by legitimate labor.

To protect the sound moral rules (Supreme Court Decision 82Do2151 delivered on March 22, 1983),

Supreme Court Decision 2006Do736 Decided October 23, 2008 (see Supreme Court Decision 2006Do736, Oct. 23, 2008).

Therefore, even if Korean nationals open and operate a gambling place in a foreign country, that place shall be operated.

It is operated so that the Decree may cause harm to the law of good morals of the economy of our society.

In that sense, this constitutes an infringement of the legal interest to protect by punishing gambling-related crimes;

The prohibition and punishment of this shall be deemed necessary for maintenance of order and public welfare in Korea.

subsection (1) of this section. Accordingly, in such a case, the law or social rules of the place of such act

Even if permitted by law, in light of the above legal principles, Article 20 of the Criminal Code is applicable.

The illegality is excluded because it falls under "act prescribed in the social rules" or "act which is not contrary to the social rules."

subsection (1) of this section.

B) However, according to the evidence duly adopted and examined by the court below, the defendant 1, 1990

The operation of or participation in the operation of a speculative entertainment room in Jongno-gu Seoul Metropolitan City, Jongno-gu, 2010

on June 16, 1998; sentenced to imprisonment with prison labor for a period of one year due to a violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.

Nationals with record (Evidence No. 382-387 of evidence records, No. 1340 to 1342 of trial records), State

From June 2010 to June 201, the number of billion won is difficult to operate a gambling room.

자금을 투자하여 이▣▣ , 박▥▥가 가지고 있던 베트남 붕따우 소재 ▦▦▦ ▦▦▦ 호

over 200 square meters on the first floor, take over the shares of the casino of this case established in a space of about 200 square meters, and

The fact that a casino was operated from the flag to the 2015 (Evidence No. 4, No. 2966 of the evidence record), 2 The instant car

Dono shall be equipped with facilities, such as slot machine 65 p.m. and 16 Pingle 1, etc. in a space of approximately 200 square meters.

A large-scale gambling place operated by 80 employees, with no access by persons Vietnam, shall be allowed.

(3) The casino of this case is a head of a household and other foreign tourism

Although there are many visitors, they are substantially able to enjoy earnings in Korea as much as they are less less than slive with slot machines.

In order to do so, the Defendant was residing in the Si of Hosco at the time of the open opening of the casino.

Gift certificates that can be altered in cash from casino to the State or local newspapers, etc.

by means of advertising, etc., efforts were made to attract Korean nationals residing in Vietnam.

The use of the casino at a low level for golf club in Korea, as well as for the use of the casino at night.

Subject to the condition that a golf tourist guest shall be provided free of charge with green fee and accommodation expenses.

and the actual sales of the casino have been made by almost all Koreas.

In fact, (Evidence No. 437, 438 pages, No. 3265-3266 of title 4), 4 actual union

경 골프동호회 홍보담당자 안 으로부터 ' 지인이 베트남 퐁타우에서 호텔과 골프장

'A free crowdfunding may be made on the basis of the value of flights only because it has been operated.'

1. 4. Around the day of the instant casino where a golf tour was made to Vietnam, such as members of the golf club.

The fact that the defendant, etc. lent USD 200,000 from the defendant, etc. that he she gambling (Evidence No. 1

The court records No. 202-206, the trial records No. 1291, etc. are known.

C) According to the above facts and the evidence duly adopted and examined by the lower court, the Defendant:

The casino of this case is opened in Vietnam because it is difficult to operate the casino in Korea.

The following, mainly for Korean tourists, or for Korean nationals, such as local Korean tourists;

the defendant's act, although the defendant's act was done, has a place to remove the defendant.

the Republic of Korea is conducted outside the territory of the Republic of Korea, but gambling mainly for our nationals;

Legal interests protected by the Criminal Act by punishing gambling-related crimes;

as a result of undermining the sound rules of morality in our society, the public

For example, the operation of the gambling place is permitted by the laws and regulations of Vietnam, as alleged by the defendant.

Even if there is no illegality in accordance with Article 20 of the Criminal Code.

Therefore, this part of the defendant's assertion is that the operation of the gambling place is done in Vietnam, as alleged by the defendant.

There is no need to further examine whether or not it is permitted by the South Korean law.

C. Recognizing that the Defendant legally operated the instant casino in accordance with the Vietnamese statute

The casino business license certificate submitted as evidence is the electronic game room business license issued by the Ministry of Finance and Economy of Vietnam.

The above business, in the absence of a permit to conduct casino business through an excessive and divers; and

It is deemed that the license alone can make it possible to do so with card gambling, such as Bara, conducted through a dr.

(No. 2913, No. 2914, No. 2914). The casino in this case is an electronic game.

In addition, it appears that the casino business in the form of card gambling has been conducted in addition to the aforesaid (Evidence)

Records No. 4, Title 2924 to 2940, 3053 to 3073), Casino business permission submitted by the defendant

The Defendant appears to have operated the instant casino legally in accordance with the Vietnamese statute only by means of evidence

It is also difficult to do so.

D. Sub-committee

Therefore, the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles as to the establishment of the gambling place of this case

all shall not be accepted.

4. Conclusion

Therefore, regarding the defendant's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Gong)

The appeal is justified, and the court below reversed the appeal on the above grounds, and the specific Economic Crimes Aggravated Punishment Act A.

Violation of the Punishment, etc. Act (Assault) and the remaining convictions (the opening of gambling places) are 37 of the Criminal Act.

Since the court below rendered a single sentence on the ground that the former concurrent crimes were in the relationship of the former part, the court below's final judgment.

A. Therefore, without examining the prosecutor’s allegation of unfair sentencing, the prosecutor’s decision on the allegation of unfair sentencing is not required to be entirely reversed;

Pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the lower court is entirely reversed, and the subsequent case is followed after pleading

shall be determined as above.

【Reasond Judgment】

Criminal facts and summary of evidence

The criminal facts against the defendant recognized by this court and the summary of the evidence

Part II through VI of the judgment of the court below, and the following table and summary of the evidence

Of the lower judgment, except for the deletion of the parts of Chapters 4 through 12, 5, and 8

Since each relevant column of the judgment is the same as that of the judgment, it is admitted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 247 and 30 (Generally, Selection of Imprisonment) of the Criminal Act

Reasons for sentencing

Defendant’s establishment of a gambling business place of this case in a foreign country other than the Republic of Korea; and

It is easy to limit a certain part of it, and the defendant has not been subject to criminal punishment since 2009.

There are conditions favorable to some defendants, such as others.

However, the defendant is punished by imprisonment with prison labor for one year for committing a crime of running a speculative entertainment room in Korea in 198.

the defendant, however, has been transferred to Vietnam only at the place of such transfer.

The fact that a person opens a gambling place and allows a person to engage in gambling by engaging in business activities attracting nationals;

The longer period of time between the opening of the instant gambling place by the deceased and the several years, and in the same manner as Nowon II.

The lending money to the country for gambling to the country and allowing the country to gambling and gambling, as such, in Korea.

by avoiding the network and opening a gambling place in a foreign country, and by attracting domestic tourists to do so.

not only causes a result of undermining the law of good morals of the economy of our society, but also causes a loss to the law of good morals

In full view of the fact that the waste of foreign currency brings about, it is not strictly punished against the defendant.

§ 302.

In these circumstances, the Defendant’s age, character and conduct, environment, motive and means of committing the crime, as well as the result after committing the crime.

The conditions of sentencing prescribed in Article 51 of the Criminal Act, which are shown in the arguments and records of the case and the sentencing of the Supreme Court

Comprehensively considering the results of the application of the sentencing criteria of the Committee, the punishment shall be determined as ordered.

Part of not guilty (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)

The summary of this part of the facts charged is as stated in Section 2. A. 1 of the Judgment on the Grounds for Appeal

In addition, in a case where there is no proof of criminal facts for the same reasons as stated in Paragraph 2-A(3) above, the relevant low-priced in case there is no proof of criminal facts

the court below's determination of innocence under the latter part of Article 325 of the Criminal Procedure Act, and the court below's determination under Article 58 (2) of the Criminal Act

will give public notice of the summary of the resolution.

It is so decided as per Disposition for the above reasons.

Judges Shin Jae-ok

Judge Maximum Wol-man

v. (Mag-si, Ma-5, Ma-1, 3, 402 on land) appraisal was conducted on May 27, 2015. < Amended by Presidential Decree No. 26190, May 27, 2015>

If the appraised value of each of the instant sections is calculated according to the value, it would be approximately KRW 1.3 billion in total (Evidence 44 to 48 of the submission of defense counsel).

2) The first instance court: Gwangju District Court Decision 201Gohap140 decided February 16, 2012; the appellate court: Decision 2012-94 decided August 28, 2012; the final appeal court

1: Supreme Court Decision 2012Do11200 Decided December 27, 2012

3 ) ◈◇◈은 " 2009 . 12 . 경 피고인을 처음 만났는데 , 피고인을 처음 만났을 당시부터 피고인은 ①① 예금의 무단인출 문제 및 장

In this regard, there is a problem of bad loans and a threat to the Financial Supervisory Service or an investigative agency to know about the defendant of the Hyundai Swiss Savings Bank

A claim of KRW 2.5 billion was transferred by the victim bank or loaned to the defendant by the victim bank. The defendant is the defendant.

(B) A loan examination is conducted with respect to the security provided by the Defendant, by taking advantage of the aforementioned intimidation and taking advantage of the loan to the Defendant.

did not. Also, the victim bank did not provide a new loan because the financial condition at the time was not good, but was threatened by the defendant's intimidation.

They stated that they have inevitably made a loan.

4) Considering the difference between the method of evaluating the credibility of the first instance court and the appellate court in accordance with the spirit of substantial direct cross-examination adopted by the Korean Criminal Procedure Act.

The appellate court's judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court's judgment.

The judgment of the court of first instance on the case shall not be reversed without permission, but the contents of the judgment of the court of first instance and the legitimate examination of evidence in the court of first instance.

In light of the evidence, there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was clearly erroneous.

B. The new statement made by the witness of the first instance court in full view of the results of the first instance court's examination and the results of the additional examination until the closing of argument

The foregoing shall not apply to exceptional cases where it is deemed significantly unfair to maintain the judgment of the first instance court on the existence of ice.

(See Supreme Court Decision 2008Do2280 Decided July 10, 2008, Supreme Court Decision 201Do5905 Decided August 25, 201, etc.). On the other hand, in the first instance trial, five times public imposts.

판기일에 ◈◈◈에 대한 증인신문이 이루어졌다 .

5 ) ◈◈◈은 원심 법정에서 " 2009 . 11 . 이후 신규대출이 있었는데 그것은 피해를 복구하거나 그것을 잘 보이게 포장하기 위한

In the process of complex substitution, loans have been extended, and there was almost no new loan related thereto. In fact, there was almost no loan for the loan.

“ repeatedly stated” (No. 1216 of the trial records).

6 ) 한편 2004 . 5 . 경부터 2012 . 3 . 경까지 피해자 은행에서 대출업무를 담당하던 이▼▼은 원심 법정에서 , " 그런데 2007 . 12 . 경 근

질권 설정 직후에 ◈◈◈ 행장이 DD의 요청으로 확인서를 써주었던 것 때문에 피고인이 ◈◈◈을 상대로 문제 삼기 시작했

In respect of the prosecutor’s question, “In the event of an accurate question, the Bank goes bankrupt, and thereafter, the Prosecutor respondeds to the question.”

In other words, "The question was made after the 2012 after the date of question," and "I answer to the question at that time" (the date of trial).

Appendix 1099 pages)

7 ) ◈◈◈은 원심 법정에서 명확하게 " 그전에는 만난 적이 없습니다 " 라고 진술하였다 .

8) This ▽▽▽ also stated to the same effect in the court below’s trial (the trial record No. 1123 of the trial record).

19 ) 원심은 ◈◈◈이 2009 . 12 . 경 전에 피고인을 만난 적이 있는지 여부는 부차적인 문제라는 취지로 판단하였으나 , 앞서 본 바와

같이 이 " 피고인을 처음 만났을 당시부터 피고인으로부터 협박을 당했다 " 고 진술한 이상 , ◈◈◈이 피고인을 처음 만난

The point of time is difficult to be considered as a commercial issue. If the defendant was first met at the end of June 2009 or at the beginning of July 2009, the defendant was at that time.

는 종로 ▼▼▼▼ ▼ 팰리스 대지권 토지에 관한 매각대금의 대출과 관련하여 협박을 하지 않다가 , 2009 . 12 . 경에 가서야 협박

B also is natural (the possibility that the Defendant was threatened with intimidation in line with the time of the instant loan may be ruled out.

(2).

10) The defendant et al. registers ○○○, a Vietnam, as a 51% equity right holder for the convenience of filing an application for permission to operate an electronic game room in Vietnam.

However, in substance, without ○○○○○○’s share, the Defendant agreed to hold a total of 10% shares of 10%; hereinafter the same shall apply.

shall be deemed to be the basis for the portion.

11) Letters stated that the Defendant lent the name of the Defendant in relation to the instant casino and operated as an agent (Evidence No. 4 of the Evidence Record)

3420) At the court of the court below, the casino of this case was operated together with 20% equity, 30% equity, 50% equity, and 50% equity, and the defendant.

The person visited Vietnam to check whether the casino business is well and whether it is insufficient to check the casino business.

(No. 1324 of the trial record)

12) Article 3 of the Criminal Act is a general provision of the Criminal Act, but the general provision of the Criminal Act is provided by other Acts and subordinate statutes unless otherwise provided by Article 8 of the Criminal Act.

Since the above provision is applied to crimes, it applies to crimes of violation of all domestic laws unless otherwise provided.

13) Article 6 (Foreign Crimes against Republic of Korea and Korean Citizens) This Act shall apply mutatis mutandis to all sections of the Republic of Korea or to any Korean citizen outside the territory of the Republic of Korea.

applicable to foreigners who have committed a crime other than that mentioned above, but not constituting a crime under the law of the place of such act, or prosecution or penalty

except in the case of exemption from conduct.

14) On September 5, 2017, the prosecutor, under his petition of appeal, revealed that the grounds for appeal was “an unreasonable sentencing” and, on September 5, 2017, USD 200,000,000,000,000

the court below's failure to collect an amount of KRW 2220,000,000,000, which was provided for in the crime, will mislead the fact that the court below erred.

In addition, there is no argument related to the statement of grounds for appeal on September 22, 2017. The prosecutor shall apply the provisions of the Criminal Act to the indictment. Article 48 of the Criminal Act as applicable provisions to the indictment.

The above additional collection is voluntary because it is a claim for additional collection under Article 48 (1) 1 and (2) of the Criminal Code.

The issue of whether or not to collect the additional collection shall be left to the court's discretion (Supreme Court Decision 9 delivered on September 4, 2002).

200Do515, see Supreme Court Decision 2000Do515, even if the above US$200,000 was provided for criminal conduct, the court below did not collect it.

There is no error in any measure. Furthermore, to the effect that the prosecutor’s assertion in the above USD 200,000 constitutes criminal proceeds and seek additional collection.

Even if we see, the defendant cannot be deemed to have acquired the above USD 200,000 due to the establishment of the gambling place in this case, and on the other hand, the subject of collection.

It is not necessary to require strict certification, but if it is impossible to specify the criminal proceeds subject to it, it may be collected additionally.

In addition, since the collection of penalty under Article 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment is voluntary, it falls under the requirements for the collection of penalty.

Whether or not to collect the property is subject to the court's discretion (Supreme Court Decision 2007Do2451 Decided June 14, 2007, etc.).

(see) The above assertion cannot be accepted (the prosecutor filed a claim for the preservation for collection with Seoul Central District Court 2016 Seocho** The above court on January 2016).

22. The above claim was dismissed, and the above decision became final and conclusive.