Defendant

A shall be punished by imprisonment for ten months.

Defendant

B and C shall each be acquitted. The application of the applicant for compensation shall be dismissed.

Around March 25, 2007, the Defendant made a false statement to the victim H that “In order to obtain online casino permission, the Defendant would be in need of money because he/she would give honorariums to K who is a director at the J in order to obtain online casino permission.”

However, even if the Defendant received honorariums from the victim preparing for online casino business from the Philippines, he did not intend to do so to K and rather considered to be used for personal living expenses.

Around March 26, 2007, the Defendant received USD 100,000 (hereinafter “$”) from the victim in the I hotel room in which the victim was able to know, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by a witness H in the second trial records;

1. Each prosecutor's protocol of examination of the accused (including H and B statements);

1. Each police suspect interrogation protocol against the defendant (including H's statement part);

1. Application of the police statement law to H

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Determination as to the assertion of the defendant and his/her defense counsel under Articles 32(1) and 25(3)3 of the Act on Special Cases concerning the Dismissal of Application for Compensation Order and the Promotion, etc. of Litigation (the scope of liability for damages

1. The summary of the argument is that the defendant received USD 100,00 from H, but it was obtained as the expense for obtaining online casino permission, and it was actually used as the expense, and there was no intention to commit the crime by fraud against the defendant.

2. We examine the following circumstances, i.e., H granted USD 100,00 to the Defendant under the pretext of “the honorarium to be granted to K” from the investigative agency to this court, in full view of the evidence duly adopted and examined by this Court.