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(영문) 수원지방법원 성남지원 2015.07.03 2014고단2566

사기

Text

Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. A detailed statement of deposits without passbook;

1. Answers to provide financial transaction information and each statement of transactions;

1. Application of Acts and subordinate statutes of the investigative report (No. 15 of the evidence list);

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 347 (1) and 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, each suspended sentence, as follows;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order (the scope of recommending punishment for both defendants) / [the scope of recommending punishment] In the mitigated area of category 1 (less than KRW 100 million) (one to one year), [the person subject to special mitigation] / The decision of sentence] 2 years of suspended sentence for 8 months (in light of the defendants' methods and methods of committing crimes, it is not very good that the crime is committed; the circumstances are not good after committing the crime; the damage is not completely recovered; the damage is disadvantageous to the defendants: Provided, That the defendants deposited part of the money for the victim; the victim also was considered to have such damage at a highly vulnerable desire to obtain high profits in a short period; and other circumstances, such as the defendants' age, character and behavior, occupation, living environment, motive for committing the crime, means and result, etc., and all other circumstances, such as the conditions of sentencing after committing the crime, shall be determined by comprehensively taking into account the following circumstances)