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(영문) 수원지방법원 2015.12.16 2015고단3184

도박등

Text

A defendant shall be punished by imprisonment for a year and a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 22, 2010, the Defendant: (a) around 16:00, at the D Real Estate Office located in C and 304, with four to five members, including E and F, and (b) KRW 9 million, the Defendant carried out betting in one unit; (c) he/she additionally carried out betting in one unit; (d) he/she additionally carried out betting in one unit; and (e) he/she carried out gambling in a way that a person, who is highly clean according to the betting unit, was able to carry out betting.

2. On September 29, 2014, the Defendant drafted a false complaint against G by using a computer for the purpose of having G take criminal punishment at a nearby a certified judicial scrivener office of the Suwon District Prosecutors' Office located at the source of Young-si, Suwon-si.

Around July 22, 2010, the criminal defendant G borrowed KRW 9 million from G around July 2, 2010 and then, the defendant filed a lawsuit for a claim for the return of loan by forging a loan certificate as if he/she lent money to the complainant. The defendant borrowed KRW 9 million from G around July 22, 2010. On January 201, 201, the defendant prepared a loan certificate of KRW 9 million that he/she borrowed KRW 9 million from G.

Nevertheless, around September 29, 2014, the defendant submitted the above written complaint to the employee in charge who is unable to know his name in the public service center of the above Suwon District Public Prosecutor's Office.

Accordingly, the defendant was arrested for the purpose of having G receive criminal punishment.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the suspect examination protocol concerning G by the prosecution;

1. A copy of the prosecutor's statement concerning the F;

1. Application of Acts and subordinate statutes to a complaint, a copy of each loan certificate (a eight pages, forty-six pages)

1. Articles 156 and 246 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 62(1) of the Criminal Code of the Republic of Korea is disputing part of the facts charged without accusation.