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(영문) 부산지방법원 2019.02.19 2018고단4587

사기등

Text

A defendant shall be punished by imprisonment for five years.

30,000,000 won shall be additionally collected from the defendant.

Reasons

. As a matter of course under the premise of organization or accession, both parties can recognize the unity and continuity of a criminal in that it constitutes a series of preliminary and negative processes for criminal conduct, promoting the creation, continuation, and maintenance of criminal organizations, 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). Each Criminal Act (see Supreme Court Decision 2015Do7081, Sept. 10, 2015); Articles 347(1) and 30 (Fraud) of the Criminal Act; Article 3(1)1 of the Act on Regulation and Punishment of Punishment of Criminal Proceeds Concealment; Article 30 of the Criminal Act (the most of

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the 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 (in the case of other crimes, the scope of recommending sentencing guidelines) / [the scope of recommending sentencing] systematic fraud / Type 3 (at least KRW 500 million, but less than KRW 500 billion) / 3-year and 13-year and 6: In the case where the two-stage increase in the type of crime (special persons) as a result of the combination of crimes in the same kind, or where the crime is committed for an unspecified number of unspecified victims or repeatedly for a considerable amount of time, the crime of "wishing", which is organized and planned for an unspecified number of unspecified persons, such as the crime in this case, is commercialized and differentiated, thereby impairing the safety and reliability of financial transactions and causing serious danger and injury to society as a whole, and is intelligent as the Act on Information and Communications Technology has become intelligent as a result of the development of information and communications technology, making it difficult for the victims to obtain loans from financial institutions.