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(영문) 부산지방법원 2015.02.12 2014노4655
국민체육진흥법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who asserted a mistake of facts, merely delivered money to the employees as her husband, and did not have been involved in the establishment of illegal sports gambling sites or overall fund management. The judgment below erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s imprisonment (two years of imprisonment) on the ground of unfair sentencing is too unreasonable.

2. Determination

A. The defendant made a confession of the facts charged in this case in the court below's determination of the misconception of facts, and there are no circumstances to suspect the voluntariness of confessions, sufficient evidence to support it, and there are no new circumstances to reverse them in the court below's decision, and therefore, the court below's finding the defendant guilty of the facts charged in this case by the evidence of the court below is just and there are no grounds to

B. The Defendant’s judgment on the assertion of unfair sentencing is the primary offender and the 20th anniversary of the birth of the Defendant’s child, etc., which is the slurry to raise his/her father and wife, are considered favorable.

However, for a period of more than two years and six months, the Defendant managed her husband D who is the actual operator of the instant gambling site in order to assist and manage gambling funds, and delivered it to a third party according to D’s instructions or distributed criminal proceeds under the pretext of monthly salary to accomplices. In particular, even after the husband got through arrest awareness of accomplices E, etc. on June 18, 2014, her husband continued to commit an escape and live in the Republic of Korea and continued to manage gambling funds and criminal proceeds. Furthermore, upon arresting on September 15, 2014, the Defendant was holding a resident registration certificate of the Sinnnar at the time of arrest, and was found to have concealed a large amount of flight funds at a new location, the Defendant was in charge of an interview and organized crime, while preparing a plan to escape together with her husband D, the principal offender, along with her husband D.

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