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(영문) 대구지방법원 2017.02.03 2016노3605
사기
Text

The judgment below

Of them, the part on the crime No. 3 of the judgment on Defendant A shall be reversed.

Defendant

A. fine of two million won.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for the crimes No. 1 and No. 2 as indicated in the judgment of the court below and imprisonment for the crimes No. 3 as indicated in the judgment of the court below, two months, and imprisonment for the defendant B: 8 months) declared by the court below to the Defendants is too unfasible and unfair.

B. Each sentence sentenced by the court below to the Defendants is too unreasonable.

2. The judgment prosecutor and the defendants' arguments are examined together.

First of all, we examine the crimes of Articles 1 and 2 of the judgment of Defendant B and Defendant A, and examine the favorable circumstances such as the Defendants’ confession of this part of the crime, the Defendants did not directly participate in the manipulation, Defendant A’s violation of the Punishment of Violences, etc., which became final and conclusive first, and Defendant B should consider equity with the case of fraud, etc. which became final and conclusive first, and this part of the crime is the case where the Defendants acquired profits by purchasing large numbers of lottery tickets by following the Defendants’ instructions after hearing the fact that the Defendants engaged in the manipulation of the operation of the professional axis from D and E. The crime is the case where the Defendants acquired profits by participating in the sale of the large number of lottery tickets by interfering with the order. Such crimes are likely to interfere with the sound implementation of the business of issuing sports promotion voting rights, and thus seriously require punishment. In light of the circumstances leading to the crime committed in a systematic manner, the degree of the Defendants’ participation in the crime cannot be deemed to be somewhat unfavorable, and the Defendants’ motive and frequency of lottery tickets purchased by the Defendants, and the circumstances of the crime in this case.

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