beta
(영문) 대전지방법원 2008.10.23 2007고단1819 (1)

사기

Text

A defendant shall be punished by imprisonment for four months.

Two days of detention before this judgment is sentenced shall be included in the above sentence.

evidence of seizure.

Reasons

Punishment of the crime

On May 1, 2003, the Defendant was sentenced to imprisonment with prison labor for a crime of habitual gambling at the Daejeon District Court on May 1, 2003 and has three times the record of the same crime.

On June 21, 2007, from around 19:00 on June 21, 2007 to 22:30 on the same day, the Defendant: (a) knew that four persons, such as Co-Defendant C, D, E, and F, separated from the Defendant’s house located in Daejeon Jung-gu, used Chapter 51, walking KRW 100 and adding KRW 100 to KRW 100 each time when one additional point is added, the Defendant aided and abetted the gambling by providing a place, painting, etc. to assist the gambling.

Summary of Evidence

1. Co-defendant C’s legal statement

1. Each police suspect interrogation protocol against D, E, or F;

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Criminal records and investigation reports (report attached to a written judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 246 (2) and (1), and 32 (1) of the Criminal Act which choose the penalty;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation;

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;