(영문) 수원지방법원 2015.12.17 2015노4373 | 리걸엔진

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(영문) 수원지방법원 2015.12.17 2015노4373

사기

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

Seized No. 1.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant had a special indication on the back of the soft Card used at the time of gambling the “biopi game” with the victim F, G, H, I, etc., which could not be identified by a general method. However, this is irrelevant to the Defendant, and there is no means to pretend that the Defendant used a card with special indication as indicated in the facts charged (hereinafter “special card”) and a container tex with which the back is recognizable by using a card with special indication as indicated in the facts charged, and that there is no fraud by fraud from the victims.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below and the court below on the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant acquired money from the victims by using a special card with a specific indication on the back side and a special siren capable of distinguishing it, as stated in the facts charged, by manipulating the winning rate. Thus, the above argument by the defendant is without merit.

1. In the case of a card used in the gambling place, it is important for gambling participants to determine who will be provided with the card because of the occurrence of the cost of gambling such as fraud, etc., notwithstanding the fact that the Defendant provided the 13 set-off card to B who provided the gambling place of this case in the future of the victims, and did not speak the victims at all while providing the 13 set-off card; immediately after the fact that the special card was used in the gambling place of this case was discovered, B "the card used in the gambling of this case is part of the 13 set-off card which the Defendant provided in advance to the victims," and 'the 'the card used in the gambling of this case is part of the 13 set-off card which the Defendant provided in advance.'

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