beta
Text
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for ten months.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal (the factual error) is that the victim borrowed money to be used as a lease deposit in the words that the Defendants would make profits from the business, and if it was known that the said money would be used for gambling, it would not be lent.
Therefore, even though it is obvious that the victim remitted money by deception of the Defendants, the court below acquitted the Defendants on this part of the facts charged. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
A. The Defendants of this part of the facts charged discussed the following purport: (a) during the period from November 2008 to December 2009, the Defendant was living together at Defendant B’s house located in Ansan-gu G apartment 101 Dong 907, and (b) Defendant B’s victim F who temporarily resided in the same household in Defendant B’s house over several occasions, and (c) the Defendants committed a large amount of profit by running a business in Malaysia.
Of that, Defendant B left Korea on October 1, 2009 for gambling at the V casino located in Cuba Macrostro on the Malaysia on October 1, 2009, and Defendant A had the same month.
6. Defendant B left the Republic of Korea through Malaysia.
Since then, the Defendants entered on the 17th of the same month, and returned to Malaysia on the 20th of the same month.
Defendant
B, around September 2009, the victim got 50 million won from his birth. On October 12, 2009, around the same year, the victim got 50 million won from his birth. On October 12, 2009, while gambling in the above V casino, the victim was not able to obtain money for gambling with the victim.
Accordingly, on October 12 of the same year, Defendant B refers to Defendant B, at the guest room of V hotel on December 12, 198, “The victim had a different talk with the victim. The victim called the victim and sent KRW 30 million to the victim.” Accordingly, Defendant A is on October 13, 196 following day.