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1. Defendant A shall be punished by imprisonment with prison labor for four months.
However, the above sentence shall be executed for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Defendant A and B’s attempted fraud, together with the ordinary victim E, are those who had engaged in gambling using a card at D’s residence located in the F at the time of Masan.
Defendant
A When Defendant B continued to lose money at the above location while gambling was carried out, around April 2019, Defendant B offered to Defendant B a proposal to the effect that, by using the above sirens and cards, lives, and special sirens, he/she gets used for gambling with C, D, victims, etc., he/she may recover money. In response, Defendant B also received a special-produced card and lives from Defendant B and brought them to the residence of D, which is the place of gambling. Defendant A conspired with the aforementioned card and lives to commit so-called fraud, such as wearing a special siren that can see the aforementioned card and lives with C, D, victim, etc., and then acquiring money and divide them into money.
According to the above public offering, Defendant B, who received a special card produced by Defendant A at that time, and a scambling from Defendant A around May 4, 2019, intended to receive money from the victim by distinguishing the card produced by Defendant A and the scambling that controlling the amount of betting money, but, on May 4, 2019, Defendant A attempted to receive money from the victim by distinguishing it from the special siren produced by the card with Defendant B, C, D, and the victim while wearing a siren specially produced in D’s residence at around May 4, 2019. Defendant A attempted to receive money from the victim without knowing that the above fraud was committed by the Defendants during the process of gambling. However, Defendant A failed to commit the attempted crime without knowing that the fraud was committed by the Defendants.
2. Defendant B, C, and D’s conflict.