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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On October 7, 2013, the Defendant deposited 200,000 won in a casino and opened the casino table for the Defendant, on the ground that “A victim, who operates the travel agency, opened the casino games to the extent of 200,000 U.S. dollars,” and the Defendant deposited 20,000 won in a casino.
After that, on October 10, 2013, the Defendant is located in a D hotel casino in the U.S., and the Defendant is located in the Si Treasury located in Busan at the time in the D hotel casino.
There are 20,000 copies of the head of the Tong.
If he/she has paid or has received money, he/she shall also be deducted from the deposit for the lease of an apartment.
On the other hand, "chips" were changed.
However, at the time of fact, the defendant was in a state of borrowing the money for lease on a deposit basis for apartment and the money for the operation of the marina shop, which was in operation, was in a situation where it is difficult to operate more than once due to gambling, and even if a casino chip is delivered by the victim, such as the amount of debts between individuals exceeds 20 million won, there was no intention or ability to pay the equivalent amount.
The Defendant, as above, by deceiving the victim, received USD 200,000 ($ 214,000,000) in total amount of chips amounting to USD 100,000 each twice from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each statement of witness C and E;
1. Statement of the police statement of E;
1. Application of Acts and subordinate statutes to a loan contract and notarial deed;
1. The reason for sentencing of Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts [the range of recommending punishment] General Fraud (at least KRW 100 million, but less than KRW 500 million) [10 through February 6] where the victim has a considerable responsibility for the occurrence of crime or the expansion of damage [the decision of sentencing] in the case where the victim has a considerable responsibility for the occurrence of crime or the expansion of damage [the decision of sentencing] in the case where the damage amount is very large to the extent that the damage amount is very high, there are a majority of the same power, and the case is chips used for gambling by the victim.