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(영문) 의정부지방법원 고양지원 2015.12.29 2015고합235
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants shall be punished by imprisonment for three years.

Seized evidence 1 to 39 shall be confiscated from the Defendants.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. An interrogation protocol of F by prosecution;

1. Each police suspect examination protocol on G, H, I, J, K, L, M, N,O, Q, and F;

1. Each police statement of R, S, T, or U;

1. A written statement in V and W;

1. A X-X explanatory note;

1. Prosecution investigation report (report on suspect F indictment and suspect interrogation protocol attached);

1. Police investigation reports (verification of whether non-profit organizations are registered, and investigation into the other party of sponsors);

1. Pampling, application form, each notice, each receipt of donation, each request for cooperation in investigation, replys to a request for cooperation in each investigation, seized materials, a copy of passbook, each business registration certificate, sponsor's name, each supporting body, and data from computer output;

1. Habitualness of the judgment: Application of the statutes to the extent that there is a habit of fraud in light of the frequency, period, and the same kind of crime committed by the Defendants, which are repeated for several years in a planned and organized manner;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Articles 351, 347 (1), and 30 of the Criminal Act comprehensively including corresponding provisions on the crime;

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

1. The scope of the recommended sentence based on the sentencing guidelines [the decision of type] shall be limited to the range of the recommended sentence [the range of the recommended sentence] in the case of fraud (the amount of 50 million won or more, and the amount of 5 billion won or less) [the amount of special aggravated punishment] [the amount of aggravated punishment: In the case of habitual crimes committed for unspecified or large number of victims or repeatedly for a considerable period, [the decision of the recommended sentence] increased area [the scope of the recommended sentence] [the scope of the recommended sentence] increased area] from 4 years to 10 years (at least 2 special persons exist, the upper limit of the recommended sentence shall be aggravated up to 1

2. Determination of sentence: The crime of this case by the Defendants for three years of imprisonment was committed in a planned and organized manner by employing the subjected, as well as by deceiving a number of good citizens who want to help the disabled, and the nature of the crime is not very good.

Moreover, the same applies to the Plaintiff.

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