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(영문) 수원지방법원 2015.05.14 2014노6454

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant and his defense counsel is that the defendant reflects his mistake through confinement life for about one month; the defendant becomes aware of the victim through the suspended indictmented C; the defendant has lost the victim in civil lawsuit against the victim and has no actual benefit; the victim has provided the victim with KRW 15 million and has expressed his/her intent that he/she would not want the punishment; the defendant voluntarily surrenders himself/herself; there is no history of criminal punishment exceeding the suspended execution or criminal punishment exceeding the fine due to fraud; the defendant was under the current framework because he/she was unable to receive proper treatment during the period of prison life; the defendant was sentenced to imprisonment for 2 years, for 3 years of suspended sentence, for probation, and for 200 hours of community service; and it is unfair for the court below to impose excessive punishment.

2. The crime of this case is deemed to have committed the crime of gambling by inducing the victim to gambling with the victim and committing the crime of gambling gambling with E, F, G, H, I, and I, and there is a great social harm, such as encouragement of gambling, and thus the crime is not good, since it is organized division of roles. From November 2, 201 to January 11, 201, the victim acquired 142 million won from the victim over 21 times in total, and the degree of illegality is not small in light of the period, frequency, and fraud amount. The defendant was punished on July 10, 207 by imprisonment with prison labor for 2 years, including the crime of gambling, gambling, aiding and abetting, and fraud, and other circumstances that the victim had already expressed the motive and consequence of the crime of this case, and other circumstances that were already reflected in the crime of this case.