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(영문) 서울중앙지방법원 2013.11.06 2013고단820
여권법위반등
Text

A defendant shall be punished by imprisonment for six months and a fine of fifteen million won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

From September 27, 2008 to June 16, 2012, the Defendant was a person who has stayed in China Mcar and lent to a person who intends to borrow money for gambling and has performed an act of borrowing money for introduction.

1. The Defendant, on March 21, 2009, introduced D and E to a person who lent gambling money to C to a person who listens to a speech that he/she would be unable to gamble in a remote place from C that he/she did not go away from his/her gambling at that place.

Accordingly, C from March 21, 2009 to March 22, 2009, from around 05:00 to March 22, 2009, 205:00, at the “F Casino” located in Makao in China, approximately KRW 1.60 times with approximately KRW 250,00 ($ 47 million in Chinese currency) borrowed from the said D, etc., and from around 15:00 on March 22, 2009 to around 20:00 of the same day, C carried out the gambling of the Hong Kong Hong Kong from D, etc. at the same place as above at approximately KRW 1.50,00 ($ 28.5 million in Chinese currency) on about 100 occasions, respectively.

Accordingly, even though the Defendant knew that the above C would engage in gambling, he introduced the above D, etc. to C, and caused D, etc. to lend gambling money to C, thereby facilitating C’s gambling activities.

2. No person who violates the Passport Act shall be provided with a passport as security for the discharge of obligation;

Nevertheless, at around 20:00 on March 21, 2009, the Defendant: (a) borrowed the above “F Casino” amounting to USD 250,00 from the above “F Casino; (b) obtained a passport issued by C as security for the fulfillment of obligations with the name of the said person’s passport, in order to compel the repayment thereof.

Summary of Evidence

1. Protocol concerning the examination of suspects by the prosecution against C;

1. Statement made by C in relation to the police suspect examination protocol (second, second, and replacement) of the accused;

1. A protocol concerning the examination of suspect by the police against C or D;

1. A copy of the judgment (former District Court 2009No444); and

1. Details of transactions of deposits and withdrawals (C’s account);

1. The current status of individual entry into and departure from the Republic of Korea (Defendants) shall be applicable to the statute.

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