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(영문) 부산지방법원 2014.04.24 2013노3400
사기등
Text

All the judgment below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

However, as to Defendant A, the same shall apply.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants’ assertion of mistake of facts: (a) Defendant A’s assertion of mistake of facts; (b) Defendant A’s entry into and departure from a bank at the direction of Defendant G; or (c) there are several occasions, outside the casino, to prevent the poor persons from interfering with their business in the casino; however, there is no fact that G and H hotel casino conspireds to commit fraud (as indicated in the judgment of the court below, part 2 and 3 of the criminal facts in the judgment of the court below); and (c) evidence as to this is only the statement based on L’s trend; however, the court below erred by misapprehending the fact that Defendant A and G conspired

Shebly, there was no fraud by taking the bottom of the name, such as the description of the charges charged by Defendant B, and therefore, the Defendant B led the victims to gambling for the purpose of receiving the introduction fee or commission fee (tentatively referred to as “rawling expense”).

A crime of fraud cannot be established solely on the ground that the victims ambling together while making a false statement, such as the victims’ repayment of all the gambling funds borrowed, etc., and even if such gambling was committed, the fraud was committed.

Even if Defendant B was unable to know this, and there was no conspiracy with G, etc. to commit fraud, the lower court erred by misapprehending the fact that Defendant B was guilty, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence (two years of imprisonment against the Defendants) on the grounds of unfair sentencing by the Defendants is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. (i) The Defendants’ fraud part at “H hotel casino” (Articles 2 and 3 of the facts charged in the judgment of the court below) is examined as to whether T and U had a fraudulent gambling at “H hotel casino” as indicated in this part of the facts charged, i.e., the following facts or circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, such as witness L and K’s legal statement, etc.

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