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(영문) 서울고등법원 2014.03.20 2013노2902

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment below

The part of the defendant's case against the defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

(b).

Reasons

1. Summary of grounds for appeal;

A. The punishment (two years and six months of imprisonment) sentenced by the court below to Defendant A is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misapprehension of legal principles (the entire part of acquittal in the original judgment and acquittal in the reasoning) have no choice but to have the victims who did not intend to gambling easily lose the money, and they have caused them to lose the money by inducing them to do so, and there is a causal relationship between the Defendants’ act of deception and the victims’ act of disposal. In addition, the crime of this case is likely to lead the Defendants to create a trust by creating a portion of money for a long time with the victims, and is committed in a casino on behalf of them, and the Defendants planned to receive money in Korea to do so closely from the beginning, and thus, the Defendants may be found not guilty of this part of the facts charged by misapprehending the legal principles of unfair sentencing. The court below erred by misapprehending the legal principles on the charges of this case, thereby affecting the conclusion of the judgment below.

2. Determination on the grounds for appeal

A. As to the prosecutor's assertion of mistake of facts and misapprehension of the legal principles, the lower court found Defendant A not guilty of the remainder of the charges in this case, in addition to recognizing the criminal facts in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the fraudulent part), for the following reasons recognized by the evidence adopted by the lower court.