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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for one year.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On January 2010, the Defendant and E wished to commit fraud from F in the middle park located in the Seogu Seo-gu, Daegu-gu, in collusion with F, G, with the request of F to help and engage in fraud, and in collusion with F, G, with the other party’s plaque by using a "batation", a small camera, a earphone, a earphone, etc., which makes it possible to identify the wearing of the plaque, and then, Defendant B prepared equipment necessary for fraud, such as small Kamera, shotphones, and earphones, and Defendant A and E play the role of installing a small camera in advance at the gambling place.
Accordingly, Defendant B, through the Internet, has installed equipment necessary for fraudulent gambling, such as boom and small camera, etc., Defendant A and E installed a small camera in advance on the top of the second floor Hda-gun, Haskdong-gun, Seoul, where gambling will take place with G’s instruction around February 2010. From around 19:00 on the first half of the same month to 07:00 the following day, Defendant B established a small camera in the second floor of the Hda-gun, G, I, the victim J (W, 51 years old), and K (47 years old), and then installed three copies of the three boxes among them, which were 10 or 20, and then notified the victims of the two remaining parts of the plan to H in the middle of the same month, and then installed it in the vicinity of the Y and the victim’s H in the middle of the same month, and then notified the victims of the plan to H in the middle of the 19:00.
Accordingly, the Defendants, in collusion with E, G, F, etc., deceiving the victims, and they acquired financial benefits equivalent to KRW 30 million from the victimJ and KRW 18 million from the victim K.
Summary of Evidence
1. Defendants’ respective legal statements
1. Police suspect interrogation protocol regarding E;
1. Relevant decisions and the application of the Acts and subordinate statutes of the investigative reporting.