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(영문) 부산지방법원 2008.7.17.선고 2008고단3098 판결

사기

Cases

208 Highest 3098 Fraudulent

Defendant

1.A

2.B

3. C.

4.D

5.E

6.F

Prosecutor

Q1

Defense Counsel

법무법인 ♥

Attorney Q2 (for the defendant A, B, and C)

Imposition of Judgment

July 17, 2008

Text

The defendant A shall be punished by imprisonment of one year and six months, by imprisonment of one year and three months, by imprisonment of one year and one year, by defendant C, by imprisonment of one year, by defendant D, E, and F, by October, respectively. The number of detention days before the imposition of the sentence is made, by fifty three days for the defendant A, by forty-five days for the defendant B, and by three days for the defendant C, by each sentence.

However, for the defendant B, C, D, E, and F, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

To Defendant B each order the community service of 160 hours for 80 hours, Defendant C, D, E, and F. The seizure evidence Nos. 1 through 5 shall be confiscated from the Defendants.

Reasons

Criminal facts

On August 7, 2005, Defendant A was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court, and on December 28, 2006, Defendant A was sentenced to a suspended sentence of four months for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court, and the suspended sentence was invalidated on April 21, 2007.

The Defendants, while enjoying ordinary gambling and enjoying money in return for money, share the roles of the Defendants, i.e., "worging money by dividing them into money," "worging so that Defendant A and Defendant C may gather "worg", "worging money," "Worging money," "B, Defendant C, and Defendant F," "Worging money by participating in gambling so that they could not see the morale," "Forging money," and "worging money by making money from the gambling so that Defendant D and Defendant E can not see the morale," and "worging the 'worg to inform the players' of the failure of "worg".

1. Joint criminal conduct of Defendant A, Defendant B, Defendant C, Defendant D, and Defendant E

가. 2008. 4. 6. 17:00경부터 2008. 4. 7. 02:00경까지 사이에 부산 중구에 있는 피고인 B가 운영하던 'X 바'에서, 피고인 A는 '호구'인 피해자 J를, 피고인 C는 '호구인' 피해자 K를 포커 도박을 하자며 그곳으로 유인하고, 피고인 B와 피고인 C는 피해자들과 포커 도박을 하면서 카드 뒷면에 미리 특수물질로 패를 알 수 있는 표시가 된 속칭 '목카드'를 이용하고 각자 귓속에 넣어 둔 극소형 수신기를 통하여 피고인 D와 피고인 E로부터 피해자들의 패를 수신하면서 돈을 걸고, 피고인 D와 피고인 E는 부산 중구 남포동에 있는 Y 모텔에서 모니터로 위 도박장소인 'X 바' 천정에 미리 설치해 둔 소형 카메라에 찍힌 피해자의 패를 보고 피고인 B와 C에게 알려주었다.

The Defendants, by committing such fraud as above, enticed the victims, and acquired KRW 10 million from the victimJ and KRW 2 million from the victim K.

B. On April 13, 2008, from around 17:00 to 23:55, Defendant A, the victim, and Defendant C, the victim of the above J, and Defendant C, the victim of the above K and the victim’s L were involved in gambling and inducing them to do so, and the Defendants deceptioned the victims by committing fraud in the same way as the above Section A.

The Defendants acquired KRW 18.5 million from the Victim L, KRW 3 million from the Victim K, and KRW 3 million from the Victim J. From May 4, 2008 to KRW 19:00.00, Defendant A, the victim, Defendant C, and Defendant C, the victim, were involved in gambling, and induced the victims to commit fraud in the manner described in the above paragraph (a).

The Defendants acquired KRW 1 million from the Victim K and KRW 300,000 from the Victim J.

2. Defendant A, Defendant B, Defendant C, Defendant D, Defendant E, and Defendant F’s joint criminal conduct from around 17:00 to 24:00 on April 2008, 208, Defendant C, who was the victim, was defective in gambling, and induced the victim to do so. The Defendants F, acting as the victim’s above L and the perpetrator, thereby inducing the victims to do so. Defendant F, acting as “the player and wind” as stated in paragraph (1) of the above Article.

The Defendants acquired 6.7 million won from the victim L and 6 million won from the victim K.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Articles 347 (1) and 30 (Selection of Imprisonment with Labor)

1. Aggravation of repeated crimes (Defendant A);

Article 35 of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Calculation of the number of days of detention pending trial (Defendant A, B, and C);

Article 57 of the Criminal Code

1. Suspension of execution (Defendant B, C, D, E, and F);

Article 62 (1) of each Criminal Code (no previous criminal record of the same kind, agreement, reflective nature, etc.)

1. Social service order (Defendant B, C, D, E, and F);

Article 62-2 of the Criminal Code

1. Confiscation (Defendants)

Article 48 (1) 1 of the Criminal Act

Judges

Judges Kim Gin-tae