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(영문) 서울동부지방법원 2015.05.08 2015고합59
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

. [Attachment 2015, 59]

1. Statement by the defendant in court;

1. Part of the prosecutor's protocol of interrogation of the accused in G

1. The police statement concerning G;

1. Details of the account transactions in the name of the defendant, and details of the account transactions in the defendant's account (2015Gohap65);

1. Statement by the defendant in court;

1. The police statement of K;

1. Application of Acts and subordinate statutes of a list of savings deposit transactions;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 3 (1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) of the Criminal Act (referring to the fraud against the victim G), Article 347 (1) of the Criminal Act (referring to the fraud against the victimK, including the fraud, the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in two crimes);

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The application of the sentencing criteria [the range of recommending punishment] general fraud types 3 (at least 500 million won, but less than 5 billion won) and the mitigation area (one year and six months to four years), * the same concurrent crimes * the type is determined (special mitigation) on the basis of the sum of the amount of profit (the amount of profit is subject to punishment not subject to punishment, or where significant damage has been restored;

2. Determination of sentence: In the case of this case, one year and six months of imprisonment, the defendant, by deceiving the victims as if he would pay high-rate investment profits, thereby deceiving the victims a total of 604,870,000 won, which is not good, and the defendant was released on January 30, 2009 and released on January 30, 2009, and only nine years and nine months from the expiration of the parole period on February 7, 2009, and the damage of the amount of KRW 145,000 has not yet been recovered from the investment principal. In light of the above, the defendant shall be punished with severe punishment.

However, the defendant recognized all of his/her crime and is in profoundly against himself/herself, and the defendant paid 399,405,000 won to the victim G as the principal of investment and investment profits.

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