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(영문) 청주지방법원 2014.08.14 2014고단494

사기등

Text

Defendant

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

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness D and E’s legal statement, and part of witness F’s legal statement;

1. Each prosecutor's interrogation protocol against the Defendants (including E-statements)

1. Each prosecutor's statement of D, F, and G (including the E-statement part);

1. Copy of each protocol of examination of witness (part of the third protocol of trial), each copy of oath, each protocol of examination of witness (part of the fourth protocol of trial), copy of the protocol of examination of witness (part of the fourth protocol of trial), and copy of oath (Evidence No. 24, 25), copy of stenographic records (Witness B), copy of the protocol of examination of witness, and copy of the judgment (No. 2

1. Application of Acts and subordinate statutes to a copy of each business investment contract, a copy of Korean bank transactions and inquiry council, a business plan of H workplace housing association (Evidence No. 58), a copy of the I business plan, a copy of the multi-family housing business plan (Evidence No. 76), a copy of the certified transcript of corporate register;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 347(1) and 30(Fraud) of the Criminal Act, Article 152(1) of the Criminal Act, and each choice of imprisonment with labor

B. Defendant B: Article 152(1) of the Criminal Act; the choice of imprisonment

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B: Judgment on the issue of Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The following circumstances can be acknowledged by the evidence duly examined by this court as to the establishment of Defendant A’s fraud, namely, the Defendant A’s collective housing association, which is the most important premise for the instant project, where the role and position in the instant project, such as recruitment of association members and the establishment and operation of association, cannot be deemed to be less than D or F, and the victims have made the instant investment because they were at the end of F or D, which is the most important premise for the instant project.