특정경제범죄가중처벌등에관한법률위반(사기)등
1. The part of the judgment of the court below against Defendant A is reversed.
Defendant
A shall be punished by imprisonment for a period of seven years and six months.
Defendant .
1. Scope of the judgment of this court;
A. Of the facts charged against Defendant C, the lower court refers to the name of the victim of the pertinent sequence: (i) the names entered in the net 66 (N) and net 66 (N) and in the name of the victim of the crime set forth in the judgment of the lower court.
(hereinafter the same shall apply)
Each public prosecution was dismissed regarding the fraud of the No. 218(O), the net 233(P), the net 1181(P), and the fraud of each of the two types of frauds as indicated in the judgment below among the facts charged against Defendant F. < Amended by Act No. 2038(R), the net 460(S), the net 638(T), the net 908(U), the net 1105(V).
The prosecutor did not appeal as to the above part.
Therefore, the above parts are separately determined as they are, and excluded from the scope of this Court.
B. The lower court dismissed the applicant’s application for compensation (Seoul Central District Court 2017 early 3225, 3226, 3229, 3231, 3232, 3270).
Therefore, pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against the judgment dismissing an application for compensation. Thus, the foregoing application for compensation, the immediately determined case and the rejection part thereof, shall be excluded from the scope of the judgment of this court.
2. Summary of reasons for appeal;
A. Defendant A asserted misunderstanding of facts or misunderstanding of legal principles on the grounds of appeal, but withdrawn the above assertion on the sixth trial date at this court.
The punishment sentenced by the court below (eight years of imprisonment) is too unreasonable.
B. Defendant B, C, and F1 did not deceiving the victims to the effect that: (a) the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was violated; (b) Defendant B, C, and F did not deceiving the victims to the effect that they guarantee the principal per game machine and their high profit of KRW 50 to 60 million per month.
Defendant
B, C, and F are the main offender of W and Y, and they have sold game instruments by deceiving from W and Y, and therefore they do not have the intent of defraudation.
W/Y in Korea through X(hereinafter referred to as “X”) and Z(hereinafter referred to as “Z”) corporation.