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(영문) 서울서부지방법원 2014.06.11 2014고단656

사기등

Text

Defendants shall be punished by imprisonment for one year.

Defendant

Of the facts charged against A, the attached list of crimes (2) No. 2.

Reasons

A. As to the Plaintiff’s 11 driver’s license, the Plaintiff’s 11 driver’s license, including the Plaintiff’s Kakakao Kakao Kakao Kakao Kakao Kakao Kakao Kao Kato Kao Kao Ma, and the Defendant’s request

1. Articles 347(1) and 30 of the Criminal Act of Defendant A, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (a transfer by means of access), Article 37 Subparag. 10 of the Resident Registration Act (a transfer by means of wrongful use of resident registration numbers), Defendant B’s choice of imprisonment with prison labor, in relation to the relevant criminal facts, Articles 347(1) and 30 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (a transfer by means of access), and each choice of imprisonment with prison labor

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Defendant A [Scope of Recommendation] Party A [Special Mitigationer] Party A [1-2-6]’s mitigation area (100 million won or less) [1-2-2-years] / 1-2-6 months] / Electronic Financial Transactions Act violation / and the violation of the Resident Registration Act is not set with sentencing guidelines, thereby complying with the lower limit of the recommended sentence for fraud as the sentencing guidelines have not been set (decision of sentence] The crime like this case is committed on a planned and systematic basis against many unspecified persons, and it is not easy to recover from damage.

Although the defendant is a subordinate employee, cash withdrawal by the defendant has to be strictly punished as an essential role in Bophishing crimes.

However, in light of the overall conditions of sentencing, such as the confession of the crime of this case and the depth of the defendant, the age is the primary offender, the circumstances leading to the crime of this case, and the circumstances after the crime, etc., the punishment shall be determined as per the text.

2. Defendant B [Pronouncement of Punishment] [Scope of Recommendation] systematic fraud (at least KRW 100,000, less than KRW 500,000) is mitigated area (one year and six months to three years).