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(영문) 청주지방법원 2015.04.02 2015고단160
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant pays the amount of KRW 120 million to the applicant for compensation.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement of each police interrogation protocol against the defendant

1. Statement to C by the police;

1. A criminal investigation report (verification of increase or decrease in the balance of the stock transaction account);

1. Application of Acts and subordinate statutes for verification;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning the Promotion, etc. of Provisional Execution Sentence [Determination of Punishment] Fraudulent Crime Group, Type 2 (at least KRW 100,500,000) of General Fraud / [Determination of the recommended field] Basic field (no special person) / [the scope of sentence for recommendation] 1 to 4 years [the scope of sentence for suspension of execution] imprisonment, 1 to 4 years [the main reason for suspension of execution] agreement (illegal reason), and no criminal record (esteem reason) is against the defendant's wrong and there is no

However, the amount of damages for the crime of this case is reasonable, and there is also no way to commit the crime.

Although victims have complained of considerable economic and mental suffering, the defendant has not made efforts to recover damage properly.

Therefore, it is inevitable to strictly punish the accused.

In addition to the above circumstances, a punishment shall be determined by taking into consideration various sentencing conditions, such as the Defendant’s age, character, conduct, family relationship, and property status.

[Determination of Sentence] Imprisonment with prison labor for a year and two months

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