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(영문) 의정부지방법원 2018.03.22 2017고단4473

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Each letter of certification and each partnership contract;

1. Application of Acts and subordinate statutes on deposit certificates and a detailed statement of transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes stipulated in a person's fraud on March 25, 2015, the largest penalty for concurrent crimes)

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. Scope of the recommended punishment according to the sentencing guidelines: Determination on the basis of the aggregate amount of profits for the same concurrent crimes between October and February [Scope of the recommended punishment] in the mitigation area (from October to February 6] of types 2 (at least KRW 100,000, less than KRW 500,000) of the mitigation area (at least KRW 10,000, KRW 500,000), or where damage to a considerable portion of the reduced punishment was restored, the determination shall be made for the same concurrent crimes among general fraudulent crimes.

3. Determination of sentence: The same sentence as the order shall be determined by comprehensively taking into account the following conditions of sentencing recorded in the records, such as one year of imprisonment, two years of suspended sentence, and the age, occupation, sex, family relationship, and circumstances before and after the commission of a crime;

The unfavorable circumstances: The circumstances that are favorable to the fact that the amount of damage was extremely large and several times of crimes: The confession of the crime of this case, and the victims are not wanting to be punished by the defendant by paying a considerable amount of damage.