2012 Highest 3508, 6570(combined)(A) of private documents; (b) of private documents;

(c) intimidation, d. gambling, e. habitual gambling;

(f) Violation of the Tourism Promotion Act;

1.(a)(d)O, display at casinos;

Housing Daegu Dong-gu 00 Dong 0

Standard place of registration ○○ Dong-dong, Busan

2.(a) countries; (f) POO, free of office;

Daegu Dong-gu 00 Dong-dong 00

Yeongdeungpo-gu Seoul Metropolitan Government ○○dong

3. A. Na. Ma. ○○○ and a professor;

dwelling of Busan City 00 Dong-gu

Seo-gu, Busan ○○ Dong

Kim Jat (prosecution) and a trial of the Republic of Korea

Attorneys Southern-sik and Kim U.S. (private ships for defendant Choi ○○)

Law Firm Written General Law Office (private election for the defendant Park Jong-young)

[Defendant-Appellant]

Law Firm Macro (Apon for Defendant 1○○)

Attorney Kim Gi-ok

September 12, 2012

1. Defendant ○○○ shall be punished by imprisonment for one year and a fine of 2,500,000 won; imprisonment for one year and a fine of 2,00,000 won and fine of 2,00,000 won; and Defendant ○○ shall be punished by fine of 12,00,000 won.

2. In a case where the Defendants did not pay the above fine, each of the above 50,000 won was converted into one day, the Defendants shall be confined in the workhouse.

3. Provided, That with respect to the defendant Park ○, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

4. To order the Defendants to pay an amount equivalent to each of the above fines.

Criminal History Office

On October 26, 2010, Defendant ○○ was sentenced to imprisonment with prison labor for a crime of false accusation, for a crime of gambling aiding and abetting, two years of probation, and a fine of two million won on November 3, 201 of the same year and the decision became final and conclusive on October 26, 201, and is currently under probation.

From September 201, Defendant 201, the largest ○○○, which had been located in Daegu-gu ○○○○○○○○○○○○○○, was the so-called “OOOOO” in charge of attracting customers of a casino exclusive for foreigners, and Defendant 2, who is the head of the said casino’s business. In order to make a forged passport available to nationals who want to enter the said casino, and issue a casino entry card and attract them to attract customers, Defendant 2, who was in charge of recruiting nationals such as Defendant ○○, who wanted to enter the said casino, and Defendant 2, who was in charge of the completed passport by sending a false passport photograph, etc. to those who want to enter the casino, and Defendant 2, who was in charge of obtaining the casino entry card by transfer to those who want to enter the casino.

"2012 Highest 3508

1. The Defendant ○○○, Park ○, and Han-chul’s joint criminal conduct, at the coffee shop near ○ University located in Seo-gu, Busan around 15:00 on September 201, 201, the lower court stated to the effect that, without authority, the Defendant ○○ may create a casino entry card to enter the said foreigner-only casino to the effect that, without exercising authority, it is necessary to enter the said foreigner-only casino, whether it is necessary to bring about to the Defendant ○○○, or whether it is a Daegu 000 casino entry card to the foreigner-only casino. The Defendant ○○ may make a forged passport, and receive KRW 4 million per foreigner-only casino entry. Two copies of his photograph from the above ○○○○, where the Defendant ○○○ was dried up to 15:00,00, and he sent this to the Defendant ○○○ and the Defendant Park ○○, a Chinese-only Kim Jong-dong at around that time.

In the country, CHENN FEG forged a Chinese passport under the name of CHENN FEG by attaching the above Chinese passport to the Chinese passport. Accordingly, the Defendants forged one Chinese passport under the name of CHENN FEG, which is a private document on certification of fact, in collusion with the above CHENFNG, and around that time, submitted as if the said 000 casino staff was a Chinese passport duly formed, and exercised the said CHENNNFNG casino entry certificate.

2. The co-principal committed by Defendant BaO and Park ○○;

(a) Forgery of private documents and the display of private documents;

Defendant 1 at the office of EO located in Gangnam-gu, Seoul, around 18:00 on September 201, 201, Defendant 2: (a) stated that “○○○ casino, a foreigner-only casino, may create a false passport to ○○○ casino; (b) may create a false passport to 2.5 million won per Chinese forgery passport; (c) he received two photographs from 00,000 won; and (d) Defendant 2 was sent this from 00,000 to 0,000, Defendant 200, a Chinese Government issued a false passport to ○○○○○, a Chinese Government’s name, and then submitted it to ○○○○○, a Chinese Government’s name, and affixed it to ○○○○, a Chinese Government-only casino; and (e) Nonparty 2, a Chinese government-only casino under the name of ○○○, a false passport to ○○○○; and (c) around that time, Nonparty 2, a Chinese government-based 500, forged Chinese passport.

(b) A gambling tank;

피고인들은 2011. 9. 19.경부터 2012. 3.경까지 위 ○○○○ 카지노에서, 한○○, 김○○, 남○○, 이○○ 및 김○○가 수십 회에 걸쳐 판돈을 걸고 속칭 딜러와 트럼프 카드 2장 내지 3장을 나눠 가진 다음 위 카드를 합한 수가 21에 가까운 쪽이 이기는 방법의 '블랙잭' 및 딜러와 트럼프 카드 2장 내지 3장을 나눠 가진 다음 위 카드를 합한 수가 9에 가까운 쪽이 이기는 방법의 '바카라'라는 도박을 함에 있어, 위와 같이 중국인 명의의 중국여권을 위조한 다음 카지노 출입카드를 발급받도록 해주고, 또한 피고인 최○○는 승자로부터 딴 돈의 10%를, 카지노로부터는 도금의 15%를 받음으로써, 한○○ 등의 도박을 용이하게 하여 방조하였다.

3. Joint criminal conduct with Defendant ○○○’s top half of the offense.

On January 5, 2012, the Defendant conspiredd with the ○○○○ Casino’s adviser, and aided and abetted 00 gambling by facilitating the lending of gambling money to ○○○○○○○○○○○○, and by facilitating the lending of gambling money to ○○○○, a foreign casino in Cambodia, which is located in Cambodia, for the purpose of gambling around January 5, 2012.

4. The sole criminal conduct by Defendant ○○○

At around 10:00 on March 28, 2012, the Defendant, at ○○ University No. 310, where ○○ had been a professor, was unable to receive gambling funds previously lent to the said ○○○○○. As the Defendant had five lecture rooms and four teaching research rooms, the Defendant expressed his attitude that “the Defendant would have a harmful impact on the ○○○○○’s status, such as “the Defendant shall have to open, be removed from, and be removed from, the inside, the school, and be found to the president’s office.”

5. The crime of habitual gambling by the defendant Han-○.

피고인은 2011. 9. 10. 20:00경 위 ○○○○ 카지노에서, 딜러와 트럼프 카드 2장 내지 3장을 나눠 가진 다음 위 카드를 합한 수가 21에 가까운 쪽이 이기는 방법으로 1회에 수백만 원씩 배팅하여 합계 2,200만 원을 패하는 등 그 무렵부터 2012. 3. 4.경까지 약 30회에 걸쳐 상습으로 속칭 '블랙잭' 도박을 하였다.

“2012 Highest 6570

1. Forgery of private documents;

A. On March 2012, the Defendants conspired with and without authority to exercise their authority, Defendant ○○ may create a counterfeited passport at ○○○○ casino, a foreigner-only casino, at a coffee shop, '000 hotel located in Daegu Suwon-gu OOdong', and then receive 2,50,000 won per 1 Chinese forged passport. Defendant ○○ sent pictures from the above inside to Defendant ○○○, a cell phone, along with money, to Defendant ○○○, and Defendant ○○ sent this to Defendant ○○○, a single-name Kim○, in China, and then sent it to the above ○○○○○○. The Defendants conspired with the above ○○○○ in collusion. The Defendants conspired with the above ○○○○ in the name of Defendant ○○○ in the name of “LINPEI.”

B. On March 2012, the Defendants conspired with and without authority to exercise their authority, Defendant ○○○○○’s ○○○○ Real Estate located in Daegu-dong, Daegu-dong, ○○○○○○○○○○○○○, which made a forged passport available to enter the said 000 casino, and received KRW 2,50,000 per one Chinese forged passport. At the same month, the Defendants conspireded Defendant ○○○ on the said casino to receive KRW 2,50,000 per 1 Chinese counterfeited passport, and sent the pictures to Defendant ○○○, which was sent to Defendant ○○○, along with money. Defendant ○○ sent this to Defendant ○○○, who was in China, and Defendant ○○○○, posted the above pictures to China’s CHNNN UNING’s Chinese passport, and then sent it in collusion to Defendant ○○○○○, a Chinese passenger-related one of the above documents.

2. Uttering a falsified investigation document;

On March 2012, the Defendants, in collusion with the above CHEN CHING, submitted to the said casino employee a forged passport under the said CHEN CHMING as if the said passport was a genuine passport, and used the said passport under the said CHEN CHMING’s name.

3. A gambling tank;

On March 23, 2012, the Defendants conspired to do so, and in doing so, at the said casino on March 23, 2012, the said casino: (a) the sum of the said cards is as follows: (b) the sum of the number of the said cards is 9,000 won in a manner that is close to 9; and (c) the Defendants aided and aided by making it easy to obtain the said casino entry cards by forging the Chinese name’s passport; and (d) making it easier to do so by making it possible for the said Chinese name to obtain the said casino entry cards.

4. No casino business operator, etc. violating the Tourism Promotion Act shall admit any national into a place of business;

그럼에도 불구하고, 피고인들은 공모하여, 2011. 9.경부터 2012. 3. 23.경까지 사이에 위 카지노에서, 내국인인 한OO, 김OO, 남00, 이OO, 김OO, 이00, 임○○을 위 카지노에 출입시켜, 그곳에서 속칭 '바카라'와 '블랙잭' 도박을 하게 하여 카지노사업자의 준수사항을 위반하였다.

Summary of Evidence

"2012 Highest 3508

1. Defendants’ respective legal statements

1. Each police interrogation protocol on the anti-00, Kim00, Lee00, Lee 00, and Kim ○○;

1. Statement to ○○○ by the police;

1. Each protocol of seizure;

1. Voluntary submission and the current status of entry and departure of each individual;

1. Each investigation report (limited to the casino border, mobile phone photograph, account book, etc., text contents of works, and a loan certificate);

[2012 Highest 6570]

1. Defendant ○○○, ○○○’s each legal statement, and part of Defendant’s legal statement

1. Each police interrogation protocol on KimO, KimO, KimO, LeeO, Lee 00, and anti-O;

1. Each police protocol on Kim○-○ and Han-○○;

1. A report on investigation (a copy of the casino racing or account book);

“Prior Trial Records,”

1. Criminal records, previous convictions, results of confirmation, and reports on investigation (Attachment to judgment, etc.);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant ○○○ and Park ○○: Articles 231, 30 (a) of the Criminal Act; (b) Articles 231, 30 (a) of the Criminal Act; (c) Articles 234, 30 (a) of the Criminal Act; (d) Articles 246(1), 32(1), and 30 (a) of the Criminal Act; (e) Articles 83 Subparag. 7 and 28(1)4 of the Tourism Promotion Act; (e) Article 30 of the Criminal Act (a casino operator’s violation of the code of practice and choice of imprisonment)

B. Defendant ○○○: Articles 231 and 30 of the Criminal Act (the fact that Article 231 of the Criminal Act was applied to private documents, the choice of fines), Articles 234 and 30 of the Criminal Act (the fact that the use of such private documents, the selection of fines), Article 246(1) of the Criminal Act (the fact that habitual gambling, the selection of fines

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

1. Detention in a workhouse;

Defendants: Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Defendant Park ○: Article 62(1) of the Criminal Act

1. Order of provisional payment;

Defendants: Reasons for sentencing under Article 334(1) of the Criminal Procedure Act; 1. Scope of recommended sentences based on sentencing guidelines

A. Defendant 00 and Park OO: Imprisonment with prison labor for an aggravated area, such as fabrication, alteration, etc. of private documents (where multiple documents are repeatedly forged or altered), one year to three years, and the lower limit of the sentencing range on the sentencing criteria depending on the standards for handling multiple crimes.

B. Defendant 1○○: (a) considering the fact that the basic area, such as fabrication and alteration of private documents: imprisonment with prison labor for not less than six months but not more than two years; (b) a small fence; (c) a serious reflectivity; and (d) a risk of losing a position when a sentence of imprisonment is imposed, it shall be decided to select a fine differently from the sentencing guidelines; and (d) the amount shall be the maximum amount

2. Whether to suspend the execution;

(a) Defendant Maximum00: Non-adopted of a suspended sentence due to a crime during the suspended sentence;

B. Defendant Park 00: Adoption of a suspended sentence in consideration of minor, social ties, clear social ties, absence of criminal records above the suspended sentence, serious reflects, etc.

3. Determination of sentence;

(a) Defendant ○○○: Imprisonment with prison labor for a year and a fine of KRW 2,500,000;

B. Defendant Park ○-○: Imprisonment with prison labor for one year, two years suspended execution, and fine for 2,000,000 won. Defendant 100 shall be determined as the Disposition on the ground that the amount exceeds a fine of 12,00,000 won.

Judges Kim Gin-ok