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(영문) 대전지방법원 2015.09.24 2015노1500

사기방조등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

except that this shall not apply.

Reasons

Summary of Grounds for Appeal

Defendant

A The sentence of imprisonment (one year of imprisonment, confiscation) imposed by the court below against the defendant is too unreasonable.

Defendant

B. The court below erred in the misapprehension of legal principles in holding that the evidence Nos. 32 of the pressure No. 35 of the Daejeon District Prosecutors' Office in 2015 (hereinafter referred to as "Twel PC") was not provided for the crime of this case, but it was not provided for the crime of this case.

The sentence of imprisonment (ten months of imprisonment, confiscation) imposed by the court below on the defendant is too unreasonable.

Judgment

Defendant

The instant crime of aiding and abetting Fraud was committed against A with knowledge that O et al. was used for fraud, and that it was not good to commit the crime by providing scambling cards and scamblings used for fraud gambling to them.

However, in full view of the fact that Defendant A’s criminal act in this case is against the truth and is divided, the benefits acquired by Defendant A from the criminal act in this case seems to be only a part of the wood card and the wooden speculation price, the fact that Defendant A did not have any previous criminal record but has been sentenced to a suspended sentence or a heavier punishment, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as Defendant A’s age, character and behavior, environment, motive, means and consequence of the criminal act, circumstances before and after the criminal act, etc., the lower court’s sentence against Defendant A is too unreasonable, and thus, Defendant A’s assertion of unfair sentencing is reasonable.

Article 48(1)1 of the Criminal Act provides that "goods provided or intended to be provided to a criminal act among those not belonging to a person other than the criminal person" shall be subject to forfeiture as to the assertion of misapprehension of the legal principles as to Defendant B's assertion of judgment. Here, "goods to be provided to a criminal act" refers to those goods which were prepared to be used in the criminal act but have not been actually used. Therefore, the confiscation under the Criminal Act is subject to criminal