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Defendants shall be punished by imprisonment for four years.
Reasons
(b) the application of marketing franchise-related documents, the cases of AH open special events, and the application of laws and regulations on the development of housing site;
1. The Defendants: Articles 6(1), 3, and 2 subparag. 1 of the Act on the Regulation of Conducting Similar Receiving Acts; Article 30 of the Criminal Act (the point of receiving similar facts; the choice of imprisonment); Articles 347(1) and 30 of the Criminal Act (the point of fraud and the choice of imprisonment) of each Criminal Act;
1. Defendants who are subject to aggravated concurrent crimes: Reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;
1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud 4 types (5 billion won or more, and less than 30 billion won) basic areas (2 years through 8 years): In the case where the victim has a considerable responsibility for the occurrence of a crime or the expansion of damage (a person subject to special mitigation (a person subject to mitigation) as a result of the combination of concurrent offenses, and where the victim has a considerable responsibility for the occurrence of a crime or the expansion of damage (a person subject to mitigation) / In the case of a crime intended for an unspecified or many unspecified victims, or repeatedly commits a crime for a considerable period of time (a person under mitigation) * In the case of concurrent crimes with which the sentencing criteria have not been set, only the lower limit of the above recommended punishment shall be followed;
2. A crime of fraud receiving similar amounts to the determination of sentence: due to its nature, multiple victims are fling in a short period and the amount of damage is very large;
In the early stage, the moral hazard, such as so-called "fashion", is promoted to investors, the latter investors cause incompetence and resistance between them, and further, there is a great risk of harm to the whole society of society by hindering the general public's awareness of sound labor, impairing financial order, etc.
Furthermore, the Defendants committed a fraudulent crime under the pretext that they would recover from the victims who suffered the fraud from the similar recipient company of the “(State)F” and the nature of the crime is very poor.
In light of the above, the Defendants cannot be held liable for the crime of fraud that is similar to the Defendants.
In specific sentencing, other than the above sentencing factors: