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(영문) 서울남부지방법원 2016.05.24 2015고단3131

사기등

Text

A defendant shall be punished by imprisonment for four years.

The defendant shall pay 5,500,000 won to the applicant C. The applicant D.

Reasons

(a)Articles 25(1), 26(8), 31(1), (2), 31(3), and (4) of the Act on Special Cases Concerning the, etc.;

1. Dismissal of application for compensation - Reasons for sentencing under Article 32(1)2 and 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of D Lawsuits (limited to the fact that the defendant acquired 5 million won from D, even though the defendant acquired 5 million won from D, the above applicant for compensation)

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Application of the sentencing criteria;

A. 1 Crimes: (1) Determination on the type of fraud: / [9] Fraud, 01. The general fraud, [3 types] fraud, 50 million won or more, 500 million won or more, 5 billion won or less: A person subject to special sentencing: Aggravation (limited to cases where the method of crime is very poor) to the victim S is a crime of attempted securities, forgery of a private document, or scambling of a private document is a crime committed in relation to the above defrauded after the above defraudation, while the crime was committed in relation to the above defraudation after the above defraudation, it is not a majority crime, but is considered as a general sentencing factor. (3) The scope of recommending punishment is not a person subject to general sentencing: Aggravating area, 4-7 years to 7 years* a single-class increase as a result of identical concurrent crimes: A minimum of 1/3 shall be mitigated.

B. Second crime: (1) The type of crime of breach of trust is determined / [5] / [1] the embezzlement and breach of trust; (2) the person subject to special sentencing and the person subject to general sentencing who are less than 100 million won: (3) the scope of the recommended punishment: The basic area; (4) months to April; and (1) year and four months.

(c) Determination of type (1) on a violation of the Game Industry Promotion Act: (32); (2) on a violation of the Act on the Promotion of the Game Industry: / [32] ; (3) on a violation of the Act, there are no special sentencing factors: (4) on a general sentencing factors ( repeatedly or for a long period of time; and (4) the scope of the recommended punishment: Basic area; (6) months to June; and (1) years and six months;

(d) Results of multiple crimes: Imprisonment with prison labor for a period of two years and eight months to eight years; or

3. Determination of sentence: Imprisonment with prison labor for a period of four years (for favorable circumstances) ; repayment of 14 million won out of the amount obtained by defraudation of victims C and D; and the fact that the disease is being administered (for example, two durations of workplace cancer and brain disease) / [unfavorable circumstances] on January 10, 200; imprisonment with prison labor for an occupational embezzlement and eight months in fraud;