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(영문) 수원지방법원 성남지원 2015.11.18 2015고단252
사기
Text

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A copy of each loan certificate;

1. Application of the Acts and subordinate statutes on banking transactions;

1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

1. The scope of applicable sentences under law: one month to seven years; and

2. The scope of recommendation types according to the sentencing criteria [the scope of recommendation types] general fraud types (the amount of 10 million won or more, the amount of 50 million won or less) and the basic area (1-4 years or more) (the special person).

3. Determination of sentence: A sentence shall be imposed in light of the fact that the amount of deception obtained in eight months of imprisonment is a maximum of about 140 million won, and that there is no yet agreement thereon, and that there is no possibility of fully repaying the amount of obtaination between the parties in light of the current economic situation of the accused, etc.

Specific punishment is that the defendant confessions and reflects his/her criminal act, the husband was in office as a sexual indecent act case, and the husband was required to pay the bar fee, the agreement fee, and the hospital fee of the son. It is difficult to repay the money because he/she was well aware of his/her clothes, and there are circumstances that can be considered in the circumstances of the fraud of this case, and the first offender is determined to be sentenced to the punishment lower than the recommended punishment according to the sentencing guidelines, such as the order.

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