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(영문) 수원지방법원 2019.06.13 2019노959
사기
Text

The judgment below

Part concerning Defendant B, F, G, and H shall be reversed, respectively.

Defendant

B Imprisonment with prison labor of one and half years, Defendant .

Reasons

1. Summary of grounds for appeal;

A. The sentence against the Defendants (Defendant A: 3 years and 6 months of imprisonment; 2 years and 6 months of imprisonment; 6 months of imprisonment; Defendant C; 1 year of imprisonment; 2 years of suspended execution; 1 year of imprisonment; 2 years of probation; 160 hours of community service work; 1 year of imprisonment; 1 year of imprisonment; and 1 year and 2 months of imprisonment) of the lower court is too unreasonable.

B. The Prosecutor’s sentence against the Defendants in the lower court is too unhued and unreasonable.

2. Determination

A. We examine the Defendants A, C, D, E and the Prosecutor’s arguments together.

The crime of this case leads to the so-called "Planning casino," in which the defendants play a role in advance and scambling a scambling with a scambling with a scambling by inducing the victim to carry a large amount of betting amount, and by inducing the victim to perform a large amount of betting amount, and by inducing the victim to pay the above amount of betting amount, the crime of this case is very poor in light of the expertise, intelligence, and planning of the crime, and its methods and contents, etc., the amount of the crime of this case is 57.8 million won, the amount of the acquired money by the defendant A is 320 million won, the amount of the acquired money by the defendant C and D is 37.8 million won, the amount of the acquired money by the defendant E reaches 237.8 million won, while the defendant A led to the crime of this case, it appears that the circumstances after the crime of this case are very poor, three times of the punishment of the defendant C, one of the criminal offenses to the defendant 1D.

On the other hand, the defendants led to the confession of the crime of this case and reflect their mistakes in depth, in the case of the defendant A, the investigative agency and the court below agreed with the victim L, N, and there was no criminal record exceeding the suspension of the execution of the same criminal record or imprisonment, and in the case of the defendant C and D, the judgment of the court below became final and conclusive

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