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(영문) 수원지방법원 성남지원 2015.08.21 2013고단1918
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

[2013 Highest 1918]

1. Defendant's legal statement;

1. Protocol of examination of witness E (part of the third protocol of trial);

1. A notarial deed or a loan certificate;

1. A certified copy of each real estate register;

1. A written confirmation by each individual publisher;

1. Balance sheets and income statements;

1. Investigation report (Evidence 19,27 pages of evidence);

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A written agreement or lease contract;

1. Receipts and certificates of deposit;

1. Copies of each bankbook, each remittance details, and each tax invoice;

1. Each estimate and a detailed statement of transactions;

1. Investigation report (Evidence List 52, 61-63) (Evidence List 52, 61-63)

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Protocol of examination of witness H (part of the protocol of 10th trial);

1. Request for payment of the construction price and payment order;

1. A collection order for the seizure and collection of the claim;

1. Application for the cancellation and cancellation of the seizure and collection order;

1. Application of Acts and subordinate statutes on commencement of rehabilitation procedures and details of single bank transactions;

1. Article 347 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of fraud and the choice of imprisonment with prison labor) that apply to applicable criminal facts and the choice of punishment (the point of embezzlement and the choice of imprisonment with prison labor);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendation types 1 (Fraud) / the scope of recommendation types / the scope of final punishment according to the aggravation of multiple offenses / [the scope of recommendation types / [the scope of 100 million won or more, 50 million won or less) / the basic area (i.e., embezzlement and breach of trust) / [the scope of recommendation types / the basic area (i.e., year or less than 10 million won) / the basic area (i.e., year or less less than 50 million won] / the number of multiple offenses : 1 to 5 months;

2. In light of the fact that the victims suffered losses in the instant case for a year and June, one year and six months of imprisonment with prison labor, there is no agreement, and the possibility of compensating for damage in the future, and the Defendant denies part of the crime, the sentence shall be imposed on the Defendant.

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