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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding the facts and misapprehension of the legal principles, ① Defendant A introduced victims who intend to make gambling tourism to the casino of Cambodia, and only is the so-called “rawlsing business operator” who received certain fees, and is not the operator of the casino.
② Gambling by victims is not by fraud but by normal means.
③ Defendant A did not have conspired or participated in any act that Defendant B et al. committed as if V and A were placed in a casino until the said victims pay money equivalent to the amount of gambling debts from U.D., and such disguised act does not constitute a “act of deception” of fraud.
In addition, there was no other act that can be recognized as a "act of deception".
④ Therefore, the victims lost money by each act of gambling in the instant case, and the Defendant A et al. demanded the victims to pay gambling debts, which constitutes fraud.
Now, even if such deception was made, Defendant A did not have conspired or participated in it.
2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.
B. The sentence of Defendant B (one year and six months of imprisonment) by the lower court is too unreasonable.
C. The sentence of the lower court against the Defendants by the prosecutor is deemed to be unreasonable as it is too unfortunate.
2. Determination
A. Comprehensively taking account of the following circumstances acknowledged by each evidence duly adopted and investigated by the lower court regarding Defendant A’s assertion of misunderstanding the facts and misapprehension of the legal doctrine, each of the facts stated in the lower judgment that Defendant A conspired with Defendant B, etc. and obtained money by deceiving the victim, P, U, andD, or attempted to obtain money, can be fully recognized.
Therefore, Defendant A’s misunderstanding of facts and misapprehension of legal principles is without merit.
[The part of attempted fraud against victimO and P] ① victimO.