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(영문) 부산지방법원 2019.02.19 2018고단4810

사기등

Text

[Defendant A] The defendant shall be punished by imprisonment for a year and six months.

1,000,000 won shall be additionally collected from the defendant.

Defendant

B, .

Reasons

(a)Article 3(1)1 of the Act, Article 30 of the Criminal Code (as a whole, the point of obtaining criminal proceeds), and the choice of imprisonment, respectively;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. In addition, the Defendants: (a) Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment (the Defendant C and F shall be additionally collected on the basis of the amount that the above Defendants acquired as criminal proceeds at the time of interrogation of the public prosecutor, respectively. Defendant E and G shall receive KRW 9 million from an account under the name of the mother of Defendant E, and their respective shares cannot be determined due to the change in the above Defendants’ statements; (b) thus, the criminal proceeds deposited in the above account shall be equally divided and additionally collected KRW 4.5 million; and (c) Defendant E shall be additionally collected KRW 5 million from the sum of the criminal proceeds recognized as having acquired in cash.

1. Scope of recommendations according to the sentencing criteria* Fraud (in cases of other crimes, not setting the sentencing criteria);

(a) Where Defendant F [Limits of Recommendation] type 1 (less than KRW 100,00) and basic area (one year and six months to three years) (special mitigation) (special mitigation) / Persons who committed a crime against an unspecified or unspecified victim, or committed a crime repeatedly over a considerable period of time;

(b) Where other Defendants [the scope of recommendations] type 1 (less than KRW 100,00) in the mitigation area (one to two years) (one to half years) (Special Mitigation) in the mitigation area), and where damage has been recovered from a simple fence, a penalty not to be imposed, or a considerable part of damage has been committed / Where they were committed for unspecified or unspecified victims or repeatedly for a considerable period of time;

2. Circumstances unfavorable to the decision of sentence: The defendants joined a Bosing organization which has inflicted significant harm on the society and booms many victims, and act as a telephone counselor, and there is no significant punishment for deceiving money from victims; and the defendants B shall be punished on February 5, 2015. < Amended by Act No. 13183, Feb. 5, 2015>