beta
(영문) 수원지방법원 2016.10.27 2015고단5402

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

(b) Application of Acts and subordinate statutes on applications for vicarious execution, account transactions, and membership fees payments;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act for the selection of punishment for the facts constituting an offense (with universal coverage of each victim, the point of fraud and the choice of imprisonment), Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission (the point of fund-raising without permission and the

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 32(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (the scope of compensation for damage is unclear since the part, which was returned to the victim as allowances, is not clear)

1. Application of the sentencing criteria [Scope of Recommendation] General Frauds and the basic area (6 to one year and six months) (6 months) (special mitigations) where victims are fully responsible for the occurrence of a crime or the expansion of damage (a mitigations) / Where they commit a crime against many victims or repeatedly for a considerable period of time (a person under mitigation) / Where they commit a crime against a non-specific or large number of victims or for a considerable period of time (a person under restraint) * In relation to concurrent crimes with which the sentencing criteria have not been set, only the lowest limit of the above sentencing shall be reflected;

2. In light of the characteristics of the criminal act of receiving the sentence, the crime is not likely to be committed in a short period because of high risk of massing of unspecified victims. However, there are extenuating circumstances, such as the Defendant’s primary offender, the victims are admitted as members in the mind that they intend to make high profits in a short period, and the occurrence of the crime or expansion of damage, and some victims receiving allowances, and the actual amount of damage is deemed to be less than the amount of damage in the list of crimes in the annexed sheet.

In addition, the sentencing conditions shown in the records, such as the age, character and conduct, the environment, the motive and circumstances of the crime, and the circumstances after the crime, shall be determined as ordered.