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A defendant shall be punished by imprisonment for a term of one year and two months.
Seized evidence shall be confiscated from 9 to 15, 18 through 21.
evidence of seizure.
Reasons
Punishment of the crime
On June 26, 2015, the Defendant was sentenced to one year and six months in total as a crime of opening gambling, etc. in the Goyang Branch of the District Court of the Republic of Korea, and the said judgment became final and conclusive on December 16, 2015. However, inasmuch as the judgment had already become final and conclusive as to the facts charged in this case at the time of the said final and conclusive judgment, the final and conclusive judgment prior to the retrial was recorded as the final and conclusive judgment of the latter part of Article 37 of the Criminal Act.
On the other hand, the decision to commence the retrial of this case was made immediately after the period of appeal expires, and the facts charged of this case was finalized on December 20, 2015), and there was no possibility of judgment simultaneously with the facts charged of the above final judgment.
Therefore, the latter part of Article 37 of the Criminal Code does not constitute concurrent crimes.
The Chinese financial fraud organization assumes the role of the "help staff" of the Chinese local government, which induces an investigation agency or financial institution, etc. to transfer money to a large number of unspecified people in the country without permission by misrepresenting them, and by deceiving them to a tentatively named passbook under various names after deceiving them, the local government of China is operating in the form of an organization in preparation for arrest, such as withdrawal, remittance, transfer of money, and solicitation of passbook in the country where China is located, management of the organization in Korea under the direction of the Chinese total book, withdrawal, remittance, solicitation of passbook, withdrawal of money, Korean total account, withdrawal of money deposited in the passbook, Chinese total account book, and receipt of cash deposited in the passbook under the direction of the Korean total account book, and transfer money deposited in the passbook to China, remittance of money deposited in Korea to China, and solicitation of passbook to be used for committing the crime.
On March 2014, the Defendant, who came to know through Mana-dong B, deposited cash with C or Oba-si Kwikset’s service, using the C or Oba-si Kwikset’s service, etc., in accordance with the direction of the said Chinese financial fraud organization C and his name, and the Defendant deposited cash.