특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant shall be punished by imprisonment with prison labor for not less than five years and by a fine not exceeding 350 million won.
The defendant does not pay the above fine.
1. Articles 70(1), 70(2), and 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The grounds for conviction of Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the scope of Defendant’s liability for compensation is not clear) are as shown in [Attachment 3].
Reasons for sentencing
1. Imprisonment with prison labor for not less than one year and six months from June to June 22, and fines not exceeding 323,753,360 won to KRW 89,383,400;
2. Application of the sentencing criteria (the term of imprisonment);
A. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), each crime of fraud, each crime of fraud, each computer, etc. [Determination] Fraud in general fraud [Special Sentencing] - Where an aggravated element is committed against, or repeatedly committed against, an unspecified or large number of victims for a considerable period of time [the scope of the recommended area] 4 to 9 years [the scope of the recommended area] / 4 to 9 years / 1 step increase in the number of concurrent offenses
B. Crimes of Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Delivery, etc. of False Tax Invoice) / [Type 1 (3 billion won or more, or less, and less than five billion won) (Special Sentencing) - Where there is no purpose of tax evasion or there is no result of tax evasion / Where there is no purpose of tax evasion or there is no result of tax evasion / [Determination in the sphere of recommendation] mitigation area / [the scope of recommendation] mitigation area / six months to one year and six months
C. The crime of embezzlement [the type of embezzlement] Class 1 (a) (a) of embezzlement and breach of trust [the person subject to special sentencing less than 100 million won] - Where the mitigated element is not punishable or a significant damage has been recovered (it is recognized that the motor vehicle embezzled as a result of the investigation report (report attached to the judgment) was transferred to the victim].
[Determination on the Place of Recommendation] Reduction [Scope of Recommendation] from January to October
(d) Imprisonment with prison labor for a range of punishment subject to the guidelines for handling multiple crimes: From four years to ten years;
3. Determination of sentence: The instant fraud crime was committed.