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(영문) 서울남부지방법원 2017.03.23 2016고단4081 (1)
사기
Text

Defendant 2: (a) imprisonment with prison labor for each crime set forth in [Attachment 4081] and [Attachment 5425] and [Attachment 4336] and [Attachment 436] of 2016.

Reasons

1. The defendant's oral statement

1. Each written statement of L, AA, AB, AC, AD, AE, AF, AH, AI, AJ, AK, and AL;

1. Data on the details of transfer of each account, details of transactions of each account, and closure of the contents of conversation "2016 order 5425";

1. Statement by the defendant in court;

1. Statement made by the police to Q Q;

1. A certificate of the results of transfer "2016 high group 6064";

1. Statement by the defendant in court;

1. Each written statement of T, S, U, and AM;

1. The verification of each objection, the details of account transactions [the previous records in the judgment] inquiry of each criminal history, reporting of the previous records of each disposition, and reporting of the results thereof, and the application of each statute of each judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the aggravation of concurrent crimes;

1. Sentencing 2016 high group 4081 and 2016 high group 5425 high group 37 latter group 37 is a concurrent offense, and thus is not subject to the sentencing criteria.

(a) Recommendations according to the sentencing guidelines* Group 1 crime (Crimes in Group 1 and Group 5425 of Group 2016, Group 4081 and Group 5016, Group 5425 of group 2016) / [the scope of the recommended punishment] the aggravated area (one year to two years) of Category 1 (Special Reduction or Exemption) [Special Reduction or Exemption], / Where a crime is committed repeatedly against, or over a considerable period of time against, an unspecified or large number of victims, the same repeated crime under Category 2 (Class 2 of Group 2016, Group 4081, Group 4081) / [the scope of the recommended punishment] The mitigated area (1 month or less than KRW 100,000) of the general fraud [the scope of the punishment] where the punishment is reduced by one year to one year to one year to three years of final punishment or by one year to one year to one year to one year of final punishment.

B. One year and two months of the decision of sentence (in addition to the above sentencing factors, reflection of such crimes committed while being tried to interfere with the business by the Seoul Western District Court)

2. Class 1 (the scope of a recommendation) of the type of general fraud (the amount of a punishment shall be less than KRW 100,000) committed against the highest 4336 and 2016 highest 6064.

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