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(영문) 수원지방법원 성남지원 2017.01.13 2016고단3080
사기등
Text

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

Reasons

(b) received delivery;

Summary of Evidence

1. The defendant's legal statement (the point of committing the crime described in the judgment of the court 1, 2, and 3);

1. Statement made to K in the police statement;

1. Investigation reports (years, credit information replies and results);

1. Application of Acts and subordinate statutes to submit written contracts, promissory notes, power of attorney, statement of account transactions, record notes, and reference materials;

1. Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 214 (1) of the Criminal Act, Article 217 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 of the Criminal Act, as to the facts constituting an offense

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on the crime of causing forged or falsified securities and the crime of causing falsified documents as stated in subparagraph 3-B of the judgment, and a punishment imposed on the crime of causing forged or falsified securities)

1. Selection of each imprisonment with prison labor for a crime of forging a private document chosen to impose a punishment, committing a criminal investigation document, or committing a criminal fraud;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes. The reason for sentencing under Article 50 of the Criminal Act* The reason for the forgery of this case is that the crime of gambling securities and the crime of gambling documents in the investigation is in an ordinary concurrent relationship, not the case in which the sentencing guidelines are applied directly.

However, in that the defendant committed a crime of fraud by forging and exercising two documents (such as valuable securities and private documents), it is more poor that the defendant committed a crime of fraud by forging and exercising one document.

Therefore, in the case of committing a crime of fraud by forging and using a single document, the sentencing guidelines applicable to the crime of fraud are deemed to be the standard for judgment in this case.

1. [Scope of Recommendation] In a case where: (a) the aggravated area (one year to two years) of category 1 (one hundred million won) (one year and six months) [Special Aggravation] of the Criminal Act is extremely poor; or (b) the fraud of a lawsuit is committed by deceiving the court in a trial proceeding (where a person who forged a private document uses the relevant forged document, etc., it shall be a majority of crimes.

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