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(영문) 서울중앙지방법원 2014.08.20 2014고단4635
사기등
Text

Defendant

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

No. 1 of the seized evidence.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes on police seizure records;

1. Defendants: Articles 347(1) and 30 of the Criminal Act; Articles 352, 347(1) and 30 of the Criminal Act (each attempted fraud, each of the attempted fraud, and the choice of imprisonment) of the said Act;

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

1. The Defendants: The reasons for sentencing under Article 48(1)1 of the Criminal Act [the decision of the sentence]; fraud; general fraud; type 1 (less than KRW 100 million); - In the event that the law enforcement method is very poor; or the court commits fraud by deceiving the court in the trial procedure, the Defendants shall be punished by imprisonment for one year to two years; Provided, That in the case of attempted fraud, the sentencing guidelines are not set for the crime of attempted fraud, the lower limit of the recommended sentence shall be reflected only [the decision of the sentence] [the decision of the sentence] by taking advantage of the “B” and then by taking advantage of the “B”, the Defendants attempted to additionally take money by fraud. In light of the nature and circumstances of the crime of this case, the nature of the crime of this case and the circumstances of the crime of this case are very poor; and in the event that the amount of damage in this case is not small, the Defendant did not agree with the victim and the victim and did not take any specific measures to recover the damage.

However, the sentencing conditions under Article 51 of the Criminal Act, such as the Defendants’ age, character and conduct, environment, and circumstances after the crime, are equally considered, and the sentence is determined like the order, in light of the following: (a) there is no domestic criminal record against the Defendants; (b) the victims who intended to gain profits by illegal means are also partly responsible for the occurrence of crimes and the expansion of damage.

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