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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding or legal principles: (a) even if the Defendant served as the so-called “warehouse”, there is a possibility that other persons other than the Defendant provided typology indicating the form of light material from the beginning; or (b) caused typology in the process of normal typology with which the Defendant provided by the Defendant; (c) the Defendant was aware that the typology was normal typology; (d) thereby doing so as to cause private death as required by E and G; and (e) contrary to the Defendant’s intent, the Defendant was agreed with E and G for the Defendant, and thus, there was no fact that the Defendant was unaware of the fact that she was not aware that she was unaware of the fact that she was engaged in gambling, and aided
② According to the statements of G, H, and I, the victim E’s damage amount shall not be deemed to be KRW 9.5 million, and the victim’s damage amount is to be approximately KRW 500,000. Nevertheless, the judgment of the court below which convicted the Defendant is erroneous by misapprehending the legal principles or misapprehending the legal principles.
B. The sentence of the lower court’s improper sentencing (one hundred months of imprisonment, confiscation) is too unreasonable.
2. Judgment on the misapprehension of the legal principle or mistake of facts
A. On May 17, 2016, the summary of the facts charged: (a) around 22:00 to 3-4 hours on the same day, the Defendant, who was called “C” and was at his house located in Seojin-gu Seoul Special Metropolitan City, had approximately 12-15 persons, including the victim E, come up in its original form and came up with approximately 12-15 persons, including the victim E, and got up to 3-4 hours from 22:00 to 3-4 hours on the same day; and (b) during the process, he provided scambling, hair, fry, coffee, etc. with the money in the name of commission called “ excreta” in the process of gambling, and lent the money in the form of money to scambling it. In the process of gambling, the victim lost KRW 9.5 million.
However, the Defendant suspected that the victimized person was a scambling for the gambling process, and caused a defect in abnormal behavior, such as photographing screen pictures, etc., the Defendant’s scambling replacement of a female (gambling participant) who is a defective person.