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(영문) 울산지방법원 2015.08.20 2015고단1476
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On December 20, 2013, the Defendant recruited 16 victims as indicated in the attached list of crimes, such as the victim W, as its members, and organized a total of 20 successful bid system. The Defendant, even if organizing the successful bid system as above, was given KRW 2,00,000 from the victim W, received KRW 36,00,000 from 15 victims as shown in the attached list of crimes, and acquired them under the name of money.

2. Around January 20, 2014, the Defendant: (a) even if organizing the successful bid system as above, the Defendant received KRW 1,050,000 from the victim W, and acquired KRW 15,70,000 from 14 victims under the name of an intermediary, as described in the attached Table Nos. 2, and acquired them.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to W and K;

1. Written statements;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of a statement, the submission of the details of damage by complainants, the details of damage by complainants, the statement by telephone, and the telephone conversations of complainants);

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

1. Among concurrent crimes, reasons for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] [the grounds for the sentencing under Article 38(1)2, and Article 50] of the General Fraud [the scope of recommending punishment] [no person who is a special offender] [the number of victims], the damage recovery has not been made and the victims have not been agreed upon, under the circumstances unfavorable to the majority of victims, etc., and there are no specific criminal records except for the cases which are currently pending in the appellate trial after being sentenced to imprisonment with prison labor for fraud at the Ulsan District Court on April 16, 2015.

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