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(영문) 서울동부지방법원 2016.05.11 2015고단3521
사기등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be confiscated.

Reasons

A. According to each evidence, each of the above series of actions by the Defendant’s above constitute force and interference with its business, and thus, this part of the facts charged is sufficiently convicted.

Application of Statutes

1. Articles 347(1) (each fraud), 284, 283(1) (a) (a special intimidation), 329 (a) and 314(1) (a) of the Criminal Act relating to the facts constituting an offense, each of which constitutes an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 for forfeiture [the scope of recommending punishment]

1. Aggravationd area of Class 1 (10 million won or less) (1 year - 2 years or less) of Class 1 of the General Fraud of E Entertainment Points * Special aggravated persons: Cumulative repeated crimes of the same kind;

2. I-type 1 (less than 100 million won) basic area (one month - one year) of entertainment mainly responsible for general frauds * Special mitigation or aggravation of punishment / Non-members of the same kind of repeated crime;

3. Class IV (Habitual, Cumulative, and Special Intimidation) mitigation area ( April -1) of the Act on the Punishment of Terrorism * Where the degree of intimidation is minor, non-guilty.

4. Type 2 (General thief) basic area ( June - one year and six months) of the theft against general property * Special mitigation or aggravation: A same repeated crime not falling under the category of punishment non-specific or special category of punishment;

5. Class 1 (Interference with Business) (1) reduction area (1.....................) reduction area * Special mitigation person : Non-won * The range of final sentence due to the aggravation of multiple offenses : 1 year - July - 1 year - 1 year - 3 (determination of sentence] total amount obtained 590,000 won, and the amount of theft damage is not the amount equivalent to 75,000 won, the degree of special intimidation is minor, and there is no reason to take into account circumstances such as the Defendant’s age and health status.

However, in light of the fact that the defendant has a record of criminal punishment at least 21 times, and that the defendant repeats again during the period of repeated crime after the completion of the execution of punishment due to the previous offense, and that there is no reflector or repenting, it is inevitable to punish the defendant. It is so decided as per Disposition in consideration of all the sentencing conditions.

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