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(영문) 부산지방법원 2017.02.02 2016노3431

사기

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed on the Defendants (Defendant A: 2 years and six months of the suspended sentence of imprisonment for August, 2 years and six months of the community service order, Defendant B: 4 million won of the fine) is too uneased and unreasonable.

2. The crime of this case is determined by the Defendants: (a) the Defendants conspired with C (hereinafter “the Defendants”) to take part in the crime of gambling; (b) provided money to the victims who participated in gambling and committed the act of losing money according to C’s instructions; (c) by deceiving the victims who participated in the crime of this case by deceiving them into money; and (d) the victims took part in the crime of this case’s fraud by taking part in the commission of money and money lost from gambling; (b) the Defendants took part in the crime of this case’s act of planned and intelligent act of taking part in the commission of the crime of this case’s crime; (c) the amount of money acquired by the victims Eul is KRW 20 million; and (d) the amount of money acquired by the victims I is up to KRW 15,30,000; and (d) Defendant A took part in the crime of this case’s two frauds against the victims and took part in the crime of this case’s imprisonment with prison labor for up to 10 years; and (d) Defendant A took part in the crime of this case’s fraud.

On the other hand, however, the Defendants took the attitude of recognizing and opposing the mistakes, and C took the leading role, such as devising the overall plan for the crime of this case and including the victims, and in particular, Defendant B took the role as a participant in gambling in response to the proposal of C, and the benefits that the Defendants received from C as a result of the crime of this case.