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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the Defendant guilty of fraud by using computers, etc. among the facts charged in this case, although the Defendant did not receive and withdraw money from D’s account in collusion with the name-based party, it erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The sentence of one year and six months of imprisonment sentenced by the court below and fine of two million won is too unhued and unfair.
2. Determination:
A. The following circumstances acknowledged by the court below's legitimately adopted and investigated evidence of the defendant's assertion: (i) F is the defendant's third village; (ii) F is wholly managed and used by the defendant; (iii) it is possible to withdraw the Internet gambling website in the name of F; and (iv) D is an investigation agency and the court of the court below to enter and depart from the website; (iii) it is not deemed that there is a special incentive for D to take charge of perjury and make false statements; (iv) it is difficult to deposit the above cyber gambling site in the name of 70 million won in the name of the defendant's account; and (v) it is obvious that the defendant's cyber gambling account was transferred to 90 million won in the name of the defendant's account, and there is no special reason to suspect the credibility of the above statement.