사기등
A defendant shall be punished by imprisonment for a term of one year and ten months.
50,000 won shall be additionally collected from the defendant.
In light of the above legal principles, the court below erred by misapprehending the legal principles as to the acquisition of criminal proceeds, etc., and thereby, did not err by misapprehending the legal principles as to the acquisition of criminal proceeds, etc., as otherwise alleged in the ground of appeal. It did not err by misapprehending the legal principles as to the acquisition of criminal proceeds, etc., as otherwise alleged in the ground of appeal.
Summary of Evidence
1. Statement by the defendant in court;
1. AF, AH, R, G, X, AB, V, N, or Z a copy of each protocol concerning the examination of suspect of the police;
1. Application of the respective laws and regulations on the police statements made to AV, AH, AF, AB, N, X, BK, BL, T, BN, BO, and BP;
1. Relevant legal provisions for criminal facts, main sentence of Article 114 of the Criminal Act (as a whole, the entry and activities of a criminal organization), Articles 347(1) and 30 of the Criminal Act (as a result of fraud), Article 3(1)1 of the Act on Regulation and Punishment, etc. of Concealment of Criminal Proceeds, Article 30 of the Criminal Act (as a whole, the point of obtaining criminal proceeds), and each choice of imprisonment with prison labor
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Grounds for sentencing under Articles 10 (1) and 8 (1) of the Act on Regulation and Punishment of Concealment of Criminal Proceeds of Additional Collection;
1. Scope of the recommended punishment according to the sentencing guidelines* Fraud (in the case of other crimes, the scope of the recommended punishment guidelines) / [the scope of the recommended punishment] organized frauds 1 type (less than KRW 100 million) and basic area (one year and six months to three years) / None of the special sentencing factors
2. Circumstances disadvantageous to the determination of sentence: The instant crime takes into account all the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, by taking account of the following: (a) the Defendant’s act as a telephone counselor by taking part in a Boscing organization and taking part in a large amount of harm that is considerably harmful to the society; and (b) the Defendant took part in the act as a telephone counselor; (c) the crime is against the most favorable circumstances: there is no criminal charge; (d) there is no means to impose any criminal punishment; and (e) there is a relatively short period of activity as a member of the criminal organization; and