beta
(영문) 부산고등법원 (창원) 2014.09.03 2014노166

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (1) of the facts charged in the instant case: K-rig-Grig on September 18, 2010: Ulsan, Gwangju on September 19, 2010: Daejeon (hereinafter “instant K-rig Games”) is an abbreviationd.

)를 대상으로 한 특정경제범죄가중처벌등에관한법률위반(사기)의 점과 관련하여, ㉠ 피고인이 복권구매자금으로 투입한 1억 8,000만 원을 넘는 부분에 관하여는, 피고인으로서는 C이 다른 사람들로부터 194,345,100원을 더 투자받아서 복권을 구매할 줄 몰랐기 때문에 피고인의 공동정범이 성립하지 아니하고, ㉡ 미리 승부를 조작한 이 사건 K-리그 경기 이외에 승부 조작과는 무관한 ‘프리미어리그 첼시 : 블랙플’ 경기(이하 ‘이 사건 프리미어리그 경기’라고 약칭한다

() A crime of fraud cannot be established in the part related to dividends related to lottery tickets including the above 23,560,000 won. Since the lottery tickets equivalent to KRW 10,000,000 purchased from the sales store of "CV" in the attached list of crimes (1) of the judgment of the court below in the judgment of the court below around September 16, 2010, the defendant and C did not purchase them, it should be excluded from criminal facts. However, the court below recognized that the defendant joint principal liability was established in the total amount of KRW 1,133,524,350 as stated in the above facts charged, and (2) among the facts charged in the case of this case, the plaintiff's World Cup as of April 6, 201: Daejeon, and Gwangju: Busan (hereinafter referred to as the "Mustotob World Cup of this case").

In relation to the above, the Defendant’s 30 million won was determined as joint principal offenders with respect to the above 30 million won multiplied by the average dividend rate of 2.99, although the Defendant did not know that the above 30 million won was the winning manipulation, the lower court acknowledged that the Defendant committed joint principal offenders with respect to the above 30 million won, even though he did not constitute joint principal offenders with respect to the above 89 million won.

The judgment of the court below is erroneous.