2015 highest 246 Fraudulent

1. A Kim(1) (64 years old, remaining) and daily work for electrical construction.

Accommodation-si

[Reference domicile-si]

2. Two (65 years old, South) : Companywon.

Residential Suwon City

Suwon-si of reference domicile

In the case of Kim, indictments (prosecutions) and SaB (Trials)

Attorney Kim Jong-il (for defendant Kim Byung-il)

Han Law Firm (for defendant ②)

Attorney Lee In-hee

June 10, 2015

Defendant 1’s imprisonment with prison labor for one year, and Defendant 2 ② shall be punished by a fine of KRW 2,00,000, respectively.

Defendant B is ordered to pay an amount equivalent to the above fine for Defendant B.

Criminal facts

피고인 김①①은 오○○과 함께 2013 . 8 . 일자불상경 피해자 최○○ 운영의 용인시 캠핑장 매장 내에서 피고인 두②②을 상대로 특수렌즈와 뒷면에 특수표시가 되어 있는 카드를 이용하여 사기도박으로 돈을 땃다가 이를 피고인 두②②에게 적발되자 피고인 두②②에게 함께 사기도박을 할 것을 제의하여 승낙을 받았다 .

On September 2, 2013, the Defendants: (a) in collusion with the above OO○○; (b) on around September 2, 2013, Defendant Kim ① worn a special siren and read the card of the victim by using a camera with a special indication on the back side; and (c) Defendant two (B) and the above OO○, by controlling gambling progress and winnings in a way that they go through gambling or fall from games according to the orders of Defendant Kim ①; and (d) from then to December 17, 2013, the Defendants received KRW 61,990,000 from the victim for a total of 22 times from that time, including that the Defendants received KRW 2 million from the victim for gambling at gambling, and received KRW 61,00,000 in total from that time until December 17, 2013.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of the witness ○○○;

Application of Statutes

A. Defendant Kim ①: Articles 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act

(b) Defendant B B: Article 347(1) and Article 30(1) of the Criminal Act.

Taking into account the agreement with the person and the person)

1. Detention in a workhouse;

Defendant B: Articles 70(1) and 69(2) of the Criminal Act

1. Order of provisional payment;

Defendant B: Article 334(1) of the Criminal Procedure Act

The reason for sentencing (defendant 1)

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Scope of the recommended sentences for the sentencing criteria; and

[Determination of Type] The amount of less than KRW 100 million for the general fraud of the fraud group

[Scope of Decision and Recommendations] Aggravation ( Imprisonment with labor for a period of one year to two years)

Specialized Persons: Violation of the Code of Criminal Conduct;

3. Determination of sentence;

In consideration of the fact that Defendant 1’s Kim et al. uses special equipment and makes fraudulent gambling, etc., the method of crime is inferior, the amount of damage in this case is not yet recovered from damage to his name in the amount of KRW 61 million, and Defendant Kim ① has a record of punishment for the same kind of crime, etc., the punishment shall be determined as ordered within the scope of recommendation.

Judge Song Byung-hun