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(영문) 부산지방법원 2016.04.22 2015노3580
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

The summary of the grounds for appeal is that it is difficult for the victim N to believe that the statement of the defendant was not in compliance with the principle of the criminal identification procedure, and despite the inconsistency or inconsistency between other related persons, the judgment of the court below which found the defendant guilty based on this is erroneous.

As indicated in the facts charged in the instant case, the fraud took place at the “F hotel casino” (hereinafter “the instant casino”) by means of “ton card and snicking”, etc.

It is difficult to see, even if fraud was committed.

Even if the defendant had not conspired to commit the above crime, the defendant did not have conspired to do so.

The fact that the defendant has lent chips for the purpose of receiving fees and has received a debt certificate shall not constitute deception.

In addition, if one victim loses chips due to fraud, the number of frauds is established. Therefore, there is a relation between the act of disposal in which the victim subsequently discharged the money and the act of the defendant.

shall not be deemed to exist.

The sentence of the court below (two years and six months of imprisonment) against the illegal defendant in sentencing is too unreasonable.

The sentence of the lower court (two years and six months of imprisonment) against the Defendant by the Prosecutor is too unhued and unreasonable.

In light of the following circumstances acknowledged by the lower court as to whether the Defendant served as a manager at the time of the instant case, and the evidence duly admitted and investigated by the lower court, it can be acknowledged that the Defendant served as a manager at the time of the instant case.

To make it possible to assess the credibility of the victim's statement in the criminal identification procedure in order to enhance the credibility of the victim's statement in the criminal identification procedure, the victim's statement or description about the offender's appearance has been recorded in advance in detail, and the suspect, including the suspect, has several persons who are similar to the suspect's appearance, face with the victim at the same time.

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