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(영문) 의정부지방법원 2017.05.31 2017고합104
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for five years.

Reasons

(a)be succeeded to and be subject to all civil and criminal responsibilities that will occur in the future;

Preparation of a written performance statement to the effect that “the victim K, X, etc. shall resist the instant act of breach of trust and demand recovery from damage,” and a summary statement was drawn up to June 15, 2010 to X to the effect that “I will cancel all priority mortgages by July 30, 2010.”

⑤ Meanwhile, the victims of breach of trust in each of the occupational breach of trust in D’s actual owners F, working-level AC, and each of the instant occupational breach of trust failed to contain the name “AF or AG” from this legal or veterinary fraud.

The statement also supports that the defendant was actually involved in the acquisition or operation of D.

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment for three years to twenty-five years; and

2. Scope of the recommended sentences according to the sentencing criteria;

A. Each type of occupational breach of trust of this case [the type of each occupational breach of trust of this case] 3 types (at least 500 million won but less than 5 billion won) * There is no decision on the type of occupational breach of trust of this case on the basis of the sum of gains (the person who is subject to special sentencing] / The basic area of recommendation : two years to 5 years of imprisonment.

B. Each fraud [Determination of Type of Fraud] type 2 (at least KRW 100, but less than KRW 500,00) of the General Fraud * Each of the instant concurrent offenders is determined on the basis of the aggregate amount of profits, and on the basis of the aggregate amount of profits, each of the instant crimes constitutes a case where the type of the most serious crime is higher than the most severe one crime as a result of addition, the lower limit of the scope of punishment shall be mitigated 1/3 [the scope of recommended punishment] [the person who is subject to special sentencing] [the scope of recommended punishment] [the basic area of punishment]

(c) Scope of recommended punishment according to the standards for handling multiple crimes: Imprisonment with prison labor for two to seven years (minimum limit of basic crimes) to seven years (one-two years of the maximum limit of basic crimes).

3. Determination of sentence: Imprisonment with prison labor for a period of five years shall have the same criminal history of property three times, and, in particular, with prison labor for a period of six months, the punishment shall be imposed.

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