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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On June 28, 2018, the Defendant: (a) on the Haman’s land below the Philippines C, the Defendant made a false statement to the effect that “The Defendant would receive money from the victim for gambling, and would receive money from him/her,” despite having no intent or ability to pay the money normally even if he/she borrowed money from the victim B; (b) around June 29, 2018, the Defendant received a delivery from the victim for the said money of USD 4,578,720 equivalent to USD 4,578,720 equivalent to KRW 2,269,000 under the same name as on June 29, 2018; and (c) around KRW 100,000,000 of the Philippines under the same name as on July 3, 2018; and (d) approximately KRW 2,507,500,000 from the victim.
As a result, the defendant deceivings the victim and received approximately KRW 8,895,220 in total on three occasions.
2. On June 28, 2018, from around July 3, 2018 to around July 3, 2018, the Defendant gambling the following: (a) from the D hotel casino located in the Republic of the Philippines; (b) using the borrowed money, as described in paragraph (1), the Defendant gambling “path” and “bamer” for an average of 3 to 4 hours per day.
Summary of Evidence
1. Defendant's legal statement;
1. Protocol of the police statement concerning B;
1. A complaint;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant provisions of the Criminal Act and Articles 246 (1) and 347 (1) of the Criminal Act (the point of gambling) concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;