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(영문) 부산지방법원 2019.02.19 2018고단4450
사기등
Text

A defendant shall be punished by imprisonment for four years.

40,000,000 won shall be additionally collected from the defendant.

Reasons

. Activity is naturally premised on the formation or joining of a criminal body, and both parties are able to recognize the unity and continuity of criminal intent in that it constitutes a series of preparation and conspiracy processes for criminal conduct, promoting the formation, continuation and maintenance of a criminal body, as well as the benefits of damage law.

Therefore, if a person who constitutes or joined a crime organization acts as a further member, this constitutes a single comprehensive crime.

(See Supreme Court Decision 2015Do7081 Decided September 10, 2015). Each Criminal Act (see Supreme Court Decision 2015Do7081, Sept. 10, 2015); Articles 347(1) and 30 (Fraud) of the Criminal Act; Article 3(1)1 of the Act on Regulation and Punishment of Punishment of Criminal Proceeds Concealment; Article 30 of the Criminal Act (the most of

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 10(1) and 8(1) of the Act on the Regulation and Punishment of Punishment of Criminal Proceeds Concealment * The reason for sentencing under Articles 10(1) and 8(1) of the Act on the Regulation and Punishment of Criminal Proceeds Concealment / [the scope of recommending sentencing] systematic fraud / [the scope of recommending sentencing] 2 types (not less than KRW 100 million, less than KRW 500 million) and 2 years and 7 years and : In a case where a crime is committed for an unspecified or large number of unspecified victims (specially under way) or repeatedly for a considerable period of time as a result of the combination of crimes in the instant case (the decision of sentencing] where a crime is commercialized and differentiated for an unspecified number of unspecified persons, such as the crime in this case, thereby impairing the safety and reliability of financial transactions, causing serious inequality and danger to the society as a whole, which led to the development of information and communications technology, the increase in social harm caused by the increase of the number of victims, and there are many financial damage from financial institutions.

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