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(영문) 수원지방법원 2017.02.02 2016고단1955

사기등

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, by imprisonment with prison labor for four months.

except that from the date this judgment becomes final and conclusive.

Reasons

(b)a statement of sales details, information on current status of financial transactions, and entry and departure;

1. A list of shareholders and records of the board of directors;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendants: Article 347(1) and Article 30 of the Criminal Act (the fraudulent point, the choice of imprisonment), Articles 6(1) and 3 of the Act on the Regulation of Conducting Similar Receiving Acts, Article 30 of the Criminal Act (the receipt of similar goods collectively, and the choice of imprisonment)

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants of a suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act; and

1. Application of the sentencing criteria [Scope of the recommended punishment] General Frauds No. 1 (less than KRW 100 million) (in six months to one year and six months) (special mitigation (special mitigation)) where victims are also responsible for the occurrence of crimes or the expansion of damage (person subject to mitigation) / Where they are committed repeatedly against many and unspecified victims or over a considerable period of time (a person under mitigation) * In relation to concurrent crimes with crimes for which the sentencing criteria have not been set, only the lower limit of the recommended punishment shall be reflected;

2. In light of the characteristics of the criminal act of receiving a similar sentence, it is not good to commit a crime because of high risk of massing many unspecified victims in a short period. However, there are circumstances to be considered in light of the following: (a) the amount of the similar receipt of the instant case is not large; (b) the Defendants resisted the fact that they suffered damage to the victims; (c) the victims are admitted as members of the mind that they intend to make high profits in a short period; (d) the victims are responsible for the occurrence or expansion of the crime; (b) the actual amount of damage is less than the amount of damage indicated in the annexed list of crimes; (c) the Defendants do not have the same criminal record; and (d) Defendant B was the initial criminal record; and (e) Defendant C was not

In addition, the Defendants’ age, sex, environment, and Defendants’ age.