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A defendant shall be punished by imprisonment for three years.
except that the execution of the above sentence shall be suspended for five years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
On June 16, 2014, at the C hotel coffee shop located in Jeju, the Defendant: (a) concluded a contract with the victim D to arrange customers to the representative director of the FF Co., Ltd. (hereinafter “F”) operating the E hotel casino and to divide profits from customers; (b) the contract was written; (c) if the contract deposit is 100 million UN, the contract was signed with each other; and (d) if the contract deposit is placed with 100 million UN, the seal will be affixed to the contract. If the State invests 100,000 UN, the Defendant presented a false statement to the effect that “The principal shall be paid one year after the payment of the monthly income and the principal shall be paid one year.”
However, at that time, the fact that the defendant suggested the above contract with F and thus, it was not clear whether he was sexually dead or not, and the above contract was only prepared by the defendant at his own discretion for the purpose of knowing the victim.
The Defendant, as such, by deceiving the victim, received from the victim the delivery of 97 million United Nations (Korean equivalent to KRW 1 billion) which deducts 3 million interest from the prior interest as a means of investment in the same place.
Summary of Evidence
1. Partial statement of the defendant;
1. Witness D's testimony;
1. Partial testimony of the witness H and I;
1. In cases of an investigation report (in cases of attaching materials, which are submitted by a suspect, based on the amount borrowed) and accompanying materials;
1. Copy of the certificate of loan, certificate of loan (30 million UN), certificate of full registration (J of a stock company);
1. Casino business permission ledger and customer intermediary contract;
1. A certificate of completion of foreign exchange declaration (60 million won), certificate of completion of foreign exchange declaration (37 million won), and certificate of completion of foreign exchange declaration (37 million won); and
1. Cases of replies requesting cooperation and investigation into the Jeju Western Police Station;
1. Application of Acts and subordinate statutes on receipts;
1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347 (1) of the Criminal Act concerning the crime;
1. Article 62(1) of the Criminal Act (The following extenuating circumstances are considered in favor of the reasons for sentencing).