(영문) 의정부지방법원 2017.11.02 2017노2540

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(영문) 의정부지방법원 2017.11.02 2017노2540

사행행위등규제및처벌특례법위반

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of 8 months, confiscation, 12750,000 won) is too unreasonable.

In particular, the Defendant’s profit derived from the instant crime is merely about KRW 500,000,000,000,000 for the Defendant’s additional collection.

B. The sentence imposed by the prosecutor by the court below on the defendant (a punishment of 8 months, confiscation, 12750,000 won) is too unhued and unreasonable.

2. The Defendant asserts that, on the premise that the Defendant only mediated the sale of the instant game machine with a third party, the Defendant’s additional collection charge against the Defendant should be limited to KRW 500,000,000, which is the actual profit accrued from the instant crime, under the premise that the Defendant merely assisted the sale of the instant game machine.

① However, E did not know who the provider of the game machine to the Defendant (the 95th page of the record of trial), and this fact is also recognized by the Defendant. ② This is compared to the fact that H re-purchasing the game machine from G with the 24.6 million won price, under L’s intermediation, was accurately aware of the fact that the seller of the game machine was G (the 63,64 pages of the record of evidence), ③ it was confirmed that the Defendant had 17 units of the game machine of this case, and then sold it to G (the 98th page of the record of evidence), ④ E is consistent from the investigation to the original trial, and the Defendant requested the cargo driver to transport the game machine of this case from the center of the south to the north Gyeongsan.

The statement (No. 10 pages of evidence records, No. 96, 97 pages of trial records), 5, E appears as a witness at the original trial stage, and clearly stated that the defendant has not paid approximately KRW 50,000 to the defendant as a referral fee (No. 97 pages of trial records), 6, the defendant assisted the sale of game instruments between a third party who is unaware of each other and E.

The third party, asserting, is the buyer.

유사 판례

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-의정부지방법원 2017.03.09 2016노3119

-춘천지방법원 2018.12.21 2018노961