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(영문) 서울동부지방법원 2018.12.19 2018고단2968

사기등

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 or 2 shall be confiscated.

Reasons

(b)the application of laws and regulations of investigative reporting (such as personal information of visitors);

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 of the Criminal Act regarding criminal facts; Article 225 of the Criminal Act (the point of fraud), Articles 229 and 225 of the Criminal Act (the point of uttering of forged official document) and Article 225 of the Criminal Act; Article 3(1)1 of the Act on Regulation, Punishment, etc. of Concealment of Criminal Proceeds (the point of acquisition and disposition of respective criminal proceeds), each crime, and each crime of fraud, and each crime of concealment of Criminal Proceeds, shall be punished by imprisonment for a violation of the Act on Regulation, Punishment, etc. of Concealment of Criminal Proceeds

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. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Sentencing 1 Crimes (Counterfeiting of official documents, etc.) of Sentencing 1 [Scope of Sentencing ] Forgery, Alteration, etc. of Official Documents, etc. (Business or Organization) / [1 and June 3 years] / [the scope of punishment recommended] systematic fraud / [1 and June 3 years] of the basic area (the scope of punishment recommended] (the scope of punishment recommended] of Type 1 (the scope of less than 100 million won) in the basic area (one year and June 1 to 3 years) / Reduction element] of the basic area (the person subject to special sentencing] of Category 1 (the scope of punishment ordered] of Sentencing - Aggravation element of simple participation - Where only some of unspecified or multiple victims are subject to Sentencing * The criteria for sentencing is set only for some of them

2. The crimes pertaining to licensing are organized and intelligent crimes that are committed closely against many and unspecified persons, and the nature of such crimes is very poor and the damage therefrom is spreading. It has structural characteristics that are not easy to recover damage, and thus, requires strict punishment. The Defendant did not receive a letter from victims, the Defendant had a record of being punished by a fine due to the violation of the Electronic Financial Transactions Act, and the Defendant’s message dialogue between the Defendant and his accomplice, taking into account the following factors: (a) the sentencing conditions shown in the trial process of the instant case, including the process of the instant crime and motive of the crime, and the circumstances after the crime.