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(영문) 부산지방법원 2019.02.21 2018고단4149

사기등

Text

[Defendant M, N] Defendants shall be punished by imprisonment with prison labor for up to two years and three months.

except that the ruling shall be for three years from the date of the final decision.

Reasons

. Activity is naturally premised on the formation or joining of a criminal body, and both parties are able to recognize the unity and continuity of criminal intent in that it constitutes a series of preparation and conspiracy processes for criminal conduct, promoting the formation, continuation and maintenance of a criminal body, as well as the benefits of damage law.

Therefore, if a person who constitutes or joined a crime organization acts as a further member, this constitutes a single comprehensive crime.

(See Supreme Court Decision 2015Do7081 Decided September 10, 2015)

1. Imprisonment with prison labor for choice of punishment;

1. Concurrent treatment: Defendant E, the latter part of Article 37 of the Criminal Act, and Article 39 (1) of the same Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act of Defendant M or N;

1. Order of community service: Defendant M and Article 62-2 of the N Criminal Act;

1. Reasons for sentencing under Articles 10(1) and 8(1) of the Act on the Regulation and Punishment of Punishment of Criminal Proceeds Concealment* Fraud: Defendant M, N, B (other crimes are not subject to sentencing guidelines, and sentencing guidelines are not applied to Defendant E and D as latter concurrent crimes under Article 37 of the Criminal Act) / [the scope of recommending punishment] systematic frauds of Type II (not less than KRW 100 million, but less than KRW 500 million) and the aggravated area (two to eight to seven years): The increased in the number of combined crimes of the same kind (a special person) as a result of the combination of crimes in this case, where a group of unspecified victims or multiple victims are committed repeatedly or repeatedly for a considerable period of time (adjudication of sentence). The so-called so-called “singing” crime, which is organized and planned for many and unspecified persons, is likely to undermine the safety and reliability of financial transactions as a commercial act and cause serious harm to society, and is likely to cause serious harm and harm to society as a result of the increase in the Act on Information and Communications.