2018 Highest 2914, 2018 Highest 2980

1. A;

2. B

3. C.

His/her grandchildren shall file for prosecution, Kim Charter (Trial)

Law Firm D (private ships for defendant A and C)

Attorney E, F, G in charge

Law Firm H (private line for Defendant A)

Attorney in charge 1

Attorney J (Korean Tribunal for Defendant B)

February 15, 2019

Defendant A shall be punished by imprisonment with prison labor for a year and two months, Defendant B and C, respectively.

Criminal facts

On February 13, 2017, Defendant B was sentenced to one year of imprisonment for the crime of aiding and abetting an offender at the Busan District Court, and the execution of the sentence was terminated on May 29, 2017 at the Busan District Court.

[2018 Highest 2914 - Defendant A, Defendant A, Defendant B, K, and C have passed a resolution to gambling, and Defendant A has induced the victims L, M, and N, known to the general public, to gambling. Defendant B and K have access to the victims, led them to the victims so that they can gambling, and then have them receive money from the victims in accordance with each of the pre-determined parts, such as giving and receiving water signals as follows.

In collusion with K and C on October 4, 2017, from around 20:0 to October 03:00 on October 5, 2017, the Defendants: (a) proposed the victim L to have a defect in gambling; and (b) attempted to have seven copies of the same number of card using the card, three consecutive number of card, and three or more serial number cards, by setting the order of priority; (c) deceiving the victims by setting a number signal according to the number of card and providing the number cards necessary for each other pursuant to the pre-determined receipt; and (d) deceiving the victims by deceptioning the victims by deceiving them from the victims of KRW 2 million; (c) from around that time, to February 14, 2018, the sum of "M 170 million" through "M 197,000,000,000 per annum 2; and (d) deceiving them from "M 197,000,000 won per annum 197."

[2018 Highest 2980- Defendant C], Defendant A, B, and K agreed to engage in fraud gambling, and A inducedd victims L, M, and N, known to the normal sense, to commit fraud gambling, and B and K planned to receive money from the victims according to each of the pre-determined parts, such as giving access to victims, inducing them to engage in gambling, and inducing them to do so, and giving and receiving a hand signal as follows.

In collusion with A, B, and K on October 4, 2017, from around 20:0 to around 03:00 on October 5, 2017, the Defendant proposed that the victim L have a defect in gambling at 6th floor A of Kimhae-si 0:0, the Defendant made an offer to the victim L by dividing 7 copies by means of the card in 52, and, if he had three or more consecutive numbers of cards, he made it possible to set the order by setting the number signal according to the number of the cards and to offer the necessary numbers of cards to each other pursuant to the pre-paid subparagraph, and deceiving the victims by deceiving the victims by deceiving them of KRW 2,00,00 from the victim, and by deceiving them from the victim to February 14, 2018, the sum of "M 19,700,000,000 per annum" through "M 17,70,000,000 per annum 19,000.

Summary of Evidence

[2018 Highest 2914 - Defendant A andB]

1. Each legal statement of the defendant A and B;

1. Each police statement of M, N, or L;

[2018 Highest 2980 - Defendant C]

1. Defendant C’s legal statement

1. Each police statement of M, N, or L;

【Prior Records at the Time of Sales】

1. Criminal records in the case of 2018 Highest 2914;

1. Court rulings in 2018 High Court Order 2914 and application of Acts and subordinate statutes to the status of personal confinement;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendants: Articles 347(1) and 30 of the Criminal Act (Optional to Imprisonment)

1. Aggravation for repeated crimes;

Defendant B: Article 35 of the Criminal Act

1. Aggravation of concurrent crimes;

The Defendants: (a) the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are often divided and reflected in the sentencing; (b) Defendant B and the victims of this case; (c) Defendant A agreed or deposited with some victims; and (d) the actual degree of damage recovery; and (b) the motive, means and results of each of the crimes of this case; (c) the circumstances after the crime; (d) the Defendants’ age, character and conduct, intelligence, environment, criminal record and criminal record relation; and (d) the sentencing guidelines of the Sentencing Committee were set as the order.

Judges Ginyang-hun