logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.02.13 2018고단4489
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

(b) pertinent provisions of the Criminal Act, Articles 347(1)(Fraud), 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, and Article 70(1)(3) of the Specialized Credit Financial Business Act, each choice of imprisonment with prison labor;

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

1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act [the scope of recommended punishment according to the sentencing guidelines] and Article 1 of the Criminal Act (in the case of intrusion upon residence and theft on September 8, 2018): The category IV (in the case of habitual crimes, one year to six years) and the aggravated area (in the case of habitual crimes), the aggravated area (one year and six years): the general fraud area (in the case of crimes less than 10 million won) and the special aggravation area (in the case of habitual crimes or repeated crimes for a considerable period of time, the number of offenses, the same repeated crimes, one year to nine years) and three crimes (in the case of habitual crimes) under Article 38(1)2 and Article 50 of the Criminal Act; the sentencing guidelines is set at least six months prior to the sentence of larceny in general property; the sentencing guidelines is set at least six months or six months prior to the sentence of larceny under the Specialized Credit Financial Business Act.

The number of crimes of this case committed repeatedly by the defendant is intelligent and professional, and the quality of such crimes is not very good.

Most of the victims have not been recovered.

It is necessary to punish the defendant strictly.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record, etc., the punishment as ordered shall be determined.

arrow