Seized evidence 6 to 28 shall be confiscated.

On February 15, 2013, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Daejeon District Court on June 201, and the judgment became final and conclusive on October 31, 2013.

The Defendant, at the office of B and B of Daejeon, set up a camera at B and B of the first floor of the Daejeon-gu building, set up a special siren, and prepared a card, a special siren, a radio receiver necessary for gambling, a radiophone, and a warless cable, etc., which could cover the next side of the card at the time of wearing a special siren, or of operating an outer line, and recruited to commit gambling by using it.

피고인은 2012 . 11 . 14 . 20 : 30 경부터 2012 . 11 . 15 . 04 : 30경까지 그곳에서 乙 · 丙 · 丁 . 戊과 함께 피해자 A · B · C를 도박판에 유인하여 도박에 참여하게 하고 , 트럼프 카드 52 장을 이용하여 1회 판돈으로 15만 원부터 300만 원 상당을 걸고 , 1인당 4장의 카드를 받은 다음 그에 따라 교환 및 배팅 후 4장의 카드 무늬와 숫자가 각각 다르고 , 4장의 카드 중 가장 낮은 숫자의 카드를 가진 사람이 이기는 속칭 ' 바둑이 ’ 라는 도박을 약 160회에 걸쳐 하였다 .

In fact, although the Defendant and his accomplice controled the gambling plaque by using a single-name card using a special siren and a camera, etc. and a wireless phiphone, the Defendant, in collusion with B, by deceiving the victims who believe that gambling is normally conducted, and thereby, acquired the property by taking the property under the pretext of a gold-free gift in collusion with B, approximately KRW 17 million from the victim A, approximately KRW 4.2 million from the victim B, approximately KRW 1 million from the victim C, and approximately KRW 2.2 million from the victim C)

Summary of Evidence

1. The defendant's partial statement in court;

1. Each legal statement of the witness A, B, and C

1. A protocol of examination of a part of the defendant by prosecution;

1. The list of seizure records of each police station;

1. Taking photographs at each stage of fraud or gambling, and making requests for appraisal;

1. Each investigation report (No. 13, 24, 43 No. 13);

Application of Statutes

1. Relevant Article of the Act concerning the facts constituting the crime;

Articles 347(1) and 30 of the Criminal Code

1. Competition;

Articles 40, 50-3 of the Criminal Act

1. Selection of penalty;

Imprisonment Selection

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

(The sum of cash checks among the seized articles of the accused is KRW 1,9690,000,000,000,000,000,00

approximately 2,220,000 won, but cash and checks used by the defendant as gold at the time of committing the crime.

As such, the full reduction of the criminal act under Article 48(1)2 of the Criminal Code is included therein.

It is difficult to conclude that it is "the article acquired by the defendant", and rather, the part acquired by the defendant as a crime.

Article 48(1) of the Criminal Act, which has been used or intended to be provided for committing a crime by the Do Governor

It is reasonable to see that it is "goods provided or intended to be provided for in the criminal act" under subparagraph 1.

All of them shall be confiscated from a person;

A The injured party shall pay 1,660,000 won in total of cash and checks, among seized articles confiscated by the accused.

and the other victims did not apply for the return, but they did not apply for the return;

If a specific part of cash or check among the seized articles of the defendant is "the stolen", the court shall ex officio do so.

Since it is necessary to return the victim, the issue is whether the victim is the object of return.

In the case of money, a check, or cash, in the form of custody or possession of the articles acquired as a property crime;

Even if the value of possession or management is clearly divided, whether the property is of nature as an stolen;

However, if the classification is not clear, the nature as a stolen will be lost.

The amount of damage for each victim may only appear on the record as well as on the records of the crime.

In addition, it is not clear that the defendant's seizure of seized articles, and each victim is in possession and management of cash and checks.

Since the value is not clearly distinguished, cash and checks among the seized articles of the defendant are of the nature as stolen articles.

It seems to be lost, and the victims have the right to claim the return under the private law.

It is difficult to see this as clear, and it is not the subject of return to the victim.)

Reasons for sentencing

○ Unfavorable Conditions

· once a suspension of the same kind of punishment, and twice a fine for the same kind of punishment

· The method of committing a crime is very poor due to an organized crime under a plan under which personal trust is used;

· Evidence after the crime is committed, the degree of involvement in the crime is reasonable.

The victims' intent to punish the victims, the victims' lack of any reflective response, and no effort to recover from damage shall be made.

· Disturbing the principle of non-detained trial by actively escapeing in the trial process

○ favorable circumstances

· The victims are also responsible for the occurrence of crimes or the expansion of damage.

The fact that the defendant could not consume or retain most of criminal proceeds.

Taking into account equity in cases where a judgment has been rendered simultaneously with a final judgment

In accordance with the latter part of Article 325 of the Criminal Procedure Act, the evidence alone is insufficient to recognize that the part exceeding this is also stolen.

Although not guilty is to be declared, as long as the facts charged in the judgment in relation to such a crime are found to be guilty, it shall be separately found in the text.

shall not be declared.

2) Although the Defendant alleged that he did not have commenced the commission, the following circumstances, i.e., the head of the commission of the crime, acknowledged in accordance with each evidence of the ruling:

The defendant was found to possess the receiver, and the defendant was found to have been immediately deprived of the receiver. ②

In the office of the defendant, the defendant, etc. used 's 's 's 's 's 's '' and 's 's 's ''.

(4) The defendant is not in the police station to the victims, and there is no responsibility to the victims.

B, who conspiredd with the defendant, has escaped immediately before the crackdown.

In full view of the above, the fact that the defendant started the commission of the crime and led to the completion of the crime can be sufficiently recognized.

3) Supreme Court Decision 2010Do9330 Decided January 13, 2011 see Supreme Court Decision 2010Do930 decided January 13, 201