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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for not less than 11 months, and Defendant B shall be punished by imprisonment for not more than 7 months.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1’s mistake of facts (based on fraud) did not have conspired or participated in deceptions against Q and the victim R with intent to commit fraud. Moreover, the amount the victim borrowed from B as gambling money is limited to KRW 6 million. 2) The lower court’s imprisonment with labor (one year of imprisonment) is too unreasonable.
B. Defendant B (1) misunderstanding of facts) The Defendant is in contact with Defendant A to see the fact that he borrowed money and received a restaurant of the Telecommunications Act (hereinafter “instant restaurant”).
A) Along with lending money to A, there was no conspiracy or participation in deception to commit fraud against Q and the victim R. In addition, the Defendant’s lending money was limited to KRW 6 million. 2) The lower court’s sentence of unfair sentencing (one month of imprisonment) is too unreasonable.
2. Judgment on the defendants' assertion of mistake of facts
A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, it is recognized that the Defendants, as stated in the facts constituting the crime in the lower judgment, conspired to obtain money from the victim with Q, etc. as a means of fraud and gambling, Defendant A, as if the Defendants actually engage in gambling so that gambling can be operated, Defendant B, as “batt” and the role of lending money to the victim as “batt”, was obtained by deceptioning the amount of KRW 52 million from the victim.
1) On March 2013, Q was gathered at the prosecution and the lower court’s court’s office, i.e., Otel 909, Goyang-gu, Mangdong-gu, Mangsan-si, P, to attract himself and P, Defendant B, Defendant A, etc. to gambling or the victim to gambling and gambling. Defendant B had intended to play a role in gambling and three women participating in gambling. Defendant A plays a role in gambling and has played a role in gambling and has played a role in gambling buttts (Defendant B).