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(영문) 광주지방법원 2018.02.07 2017노4334
전자금융거래법위반등
Text

The judgment below

The part of the defendant I against the defendant I is reversed.

Defendant

I shall be punished by a fine of 4,000,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants A (1) misunderstanding the facts and misunderstanding the legal principles [the crime of aiding and abetting the violation of the National Sports Promotion Act (or opening, etc. of gambling) and aiding and abetting the opening of gambling spaces] 1) Defendant A supplied AF with a large circulation passbook listed in the attached Form 4 of the judgment of the court below at least once. However, Defendant A did not clearly recognize that the above large circulation passbook is to be used for the crime of opening the national sports promotion (such as opening, etc. of gambling) and gambling spaces, and it was not acceptable.

Nevertheless, the lower court committed the crime of aiding and abetting Defendant A in violation of the National Sports Promotion Act (or opening of gambling, etc.) and aiding and abetting the opening of gambling spaces.

The lower court, without going through the amendment procedure to the indictment, recognized this part of the charges charged as an aiding and abetting a criminal who was indicted as a joint principal offender, and this would substantially disadvantage Defendant A’s exercise of his/her right to defense (hereinafter “misunderstanding of legal doctrine”). Therefore, the lower court erred by misapprehending the legal doctrine on the part against Defendant A and thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment.

(B) The punishment sentenced by the lower court to Defendant A (one year and six months of imprisonment) is too unreasonable.

(2) Each sentence sentenced by the court below to the above Defendants B, G, H, and I (i.e., imprisonment of 10 months, additional collection of 4.2 million won, 2. Defendant G, H, and I: each fine of 5 million won) is too unreasonable.

B. According to the evidence submitted by the prosecutor (not guilty part of the judgment of the court below), Defendant A conspired with Defendant AF, etc. to commit a crime of opening a gambling place (such as opening gambling, etc.) and a place for gambling, and operated CK, which is a private sports gambling site, can be fully recognized.

Nevertheless, the court below can recognize only the aiding and abetting the above crimes against Defendant A.

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