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집행유예
(영문) 부산지방법원 2012.5.18.선고 2011고단9470 판결
2011고단9470,(병합)가.사기·나.사기방조
Cases

2011 Highest 9470, 2012 Highest 2447 (Consolidation) Fraud.

(b) Fraud prevention;

Defendant

1. (b) Representatives from Dog-○ and ○○ Tour Co., Ltd.;

Residence Guide-gu Busan 0 Dong

Reference domicile Busan Jin-gu 0 Dong

2. A. Kim ○-○, and self-business;

Residence: Busan Northern-gu 00 Dong

【Gyeong-nam Gyeong-gun 00

3. A. Ga. Ga. ○○, and Non-permanent.

Residential Busan Jin-gu 0 Dong

Reference domicile Busan Jin-gu 0 Dong

4. A. Kim ○, and insurance solicitors.

Residence, Busan Shipping Daegu 00 Dong

Busan District Prosecutor ○○○

5. A. Periodical, ○, and Non-permanent.

Residence: Busan Southern-gu 0 Dong

【Cheong-do, Cheong-do, Cheong-do.

Prosecutor

Maternity, tear (prosecutions), Manopo (Public Trial)

Defense Counsel

Attorney Kim Young-hoon (Attorney Park Young-chul, Counsel for the defendant Park Young-chul and Domin)

Attorney Lee Ji-hoon (for defendant Kim ○-○)

Attorney Cho Woo-young (for the purpose of Defendant Kim ○, Defendant Kim ○, and Defendant 1)

Imposition of Judgment

May 18, 2012

Text

Defendant ○○○, Gao○, and Gao○○ are punished by imprisonment for three years, by imprisonment for one year and six months, and Defendant Gao○, respectively, by imprisonment for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant Park ○-○ is ordered to provide community service for 120 hours in welfare facilities.

Reasons

Facts of crime

1. On October 26, 2009, Defendant 1: (a) established the Busan branch office of ○○○○○, ○○○○○○, Kim○○, Kim Jong-○, Kim Jong-dong, Busan, at ○○○○○○○○○, Inc. (hereinafter referred to as “○○○ tourer”); and (b) on November 2009, up to February 201, 200, ○○○○○○○, ○○○○○, and ○○○○, etc., sent 700, 00, and 200, the 3-day betting tickets and 2-day betting tickets and 3-day betting tickets were assigned to Defendant 2-day hotel and 2-day hotel, who are in charge of managing the above 3-day betting tickets. The above 1-day betting tickets and 3-day hotel’s 3-day hotel and 2-day hotel and 2-day hotel.

(a) Highest 2011No 9470

On April 2010, the Defendants subscribed to the above event and transferred the phone to the above office to ○○○○○○○○○○○○○○○○○○○○○ through a defective telephone counseling staff to the victim KRW 99,00,00, the Defendants stated that the Defendant will send the victim a trip to 2 Jeju-do 3 days for 450,000 Jeju-do, including the right to accommodation, such as Jeju-do ○○○○○○, and the right to use a siren. However, in order to send the above trip, the amount of KRW 150,00 through 20,000 was required, and the Defendants did not have the ability to operate another profit-making business or to bear the difference between the above necessary expenses and KRW 9,000,000 from the above office, and even if the Defendant received KRW 99,000 from the victim, the Defendants did not have the capacity to send the above travel to ○○○○○○○○○ account from the above 106.

(b) Highest 2012dan2447;

The Defendants subscribed to the above event on September 13, 2010 and transferred the phone to the above office to the victim 9,000 won of the tax and public charges of 9,000 won to the above office via a defective telephone counseling staff, the Defendants stated that the victim Do ○○○○○, etc. will send a trip to 2, 3,000 Jeju-do 2,000 Jeju-do, including the right to accommodation and the right to use a siren from Jeju-do ○○○○○○, etc., and the right to use a siren. However, in order to send the above travel, the amount of KRW 150,00 to 20,000 is required. The Defendants did not have the ability to operate other profit-making businesses or to bear the difference between the above necessary expenses and 99,000 won, and even if they received KRW 99,000 from the victim, they did not receive the above money from the victim 9,000,000 won.

2. On September 2009, Defendant Park ○○○’s request to allow the use of the trade name of “○○○ tourr” and the financial account, etc. in the name of Defendant Park○○○○○○○○○○’s name, in order to conduct a free tour ticket event project, such as that described in paragraph (1), at the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, but

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of each prosecutor's suspect against the Defendants

1. Some statements in each police interrogation protocol against Defendant Kim○-○, Park○-○, Kim○-○, and Park Jong-○

1. Legal statement of the witness ○○;

1. Statement by the prosecutor about ○○;

1. Each police protocol on Kim○-○, Gangwon-○, Do○, Park○, KimO, Do○, Hong○, Red○○, Red○○, Sho○, ShoO, Extraordinary, KimO, Ma○, Ma○○, Kim○, Ma○, Ma○, Ma○, Ma○, Ma○, Ma○, Ma○, Ma○, and Ma○;

1. Each criminal complaint and a petition;

1. Application of Acts and subordinate statutes on financial transactions;

1. Article applicable to criminal facts;

A. Defendant’s gambling ○: Articles 347(1) and 32(1) of the Criminal Act

B. Defendant Kim○-○, Park○-○, Kim○-○, and Park Jong-○: Articles 347(1) and 30 of the Criminal Act

1. Selection of punishment;

Each Imprisonment Selection

1. Mitigation (Defendant Park ○○)

Articles 32(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

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

1. Suspension of execution (Defendant Park ○○);

Article 62(1) of the Criminal Act (Taking into account the fact that the degree of participation is not severe, and that there is no other criminal record except for one-time fine)

1. Social service order (Defendant Park ○○);

Article 62-2 of the Criminal Act

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

Judges

Judges Hatry

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