beta
(영문) 광주지방법원 장흥지원 2015.05.28 2015고단23

사기등

Text

Defendant

A Imprisonment of three years, Defendant B’s imprisonment of one year and six months, Defendant C and D respectively, Defendant E, F, and each other.

Reasons

(a)a copy of each police interrogation protocol against BA and AD;

1. Application of the police statement law to AG and BB;

1. Relevant legal provisions of the Criminal Act and the choice of the sentence against the crime A, B, C, F, and G: Articles 347(1), 30 (Fraud, Selection of Imprisonment), 352, 347(1), and 30 (Attempted Fraud, Selection of Imprisonment) of the Criminal Act, Articles 72(1)1 and 48(1) of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., Article 30 (Entry into Information and Communications Network, Selection of Imprisonment), Article 347(1) and 30 (Fraud, Selection of Imprisonment), Articles 352, 347(1), and 30 (Fraud, Selection of Imprisonment, Selection of Imprisonment) of the Criminal Act, Articles 352, 347(1), and 30 (Selection of Imprisonment) of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendant C, D, E, F, G: Article 62 (1) of the Criminal Act;

1. Defendant C, D, E, F, and G: Reasons for sentencing under Article 62-2 of the Criminal Act; * [Limits of recommending sentence] systematic frauds * [Limits of recommending sentence] as a result of adding the amount of profit (3 to 9 years) in the aggravated area (3 to 5 billion won, and less than 5 billion won). As a result, the type of profit has increased in two stages, 1/2 of the lowest sentence shall be mitigated.

[Special Person] Where a person commits a crime against an unspecified or a large number of unspecified victims or repeatedly over a considerable period of time [the scope of modified recommendations] imprisonment for at least three years (the crime of fraud and attempted fraud for which sentencing guidelines are set and the crime of violation of Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. (Violation of Information and Communications Network Utilization and Information Network Utilization, etc.) without sentencing guidelines is related to concurrent crimes under the former part of Article 37 of the Criminal Act, consideration is limited to the lowest limit of the above recommended range] * The crime of this case was committed on the Internet website by the defendants and the telemamans, etc. established on the Internet website to sell magazines, etc. by misrepresenting himself/herself, and the list of members of the Dong