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(영문) 수원지방법원 성남지원 2021.03.31 2020고단4101
사기등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement made to D, E, or C;

1. Copy of each police statement made to B by the police;

1. A copy of the F Statement;

1. The application of Acts and subordinate statutes to the internal investigation reports (as to the arrest process of the suspect A), internal investigation reports (as to the amount of KRW 6.9 million), records of seizure and list of seizure, investigation reports (as to the damage amount of KRW 6.9 million), criminal investigation reports (as to the criminal suspect A’s telegraph dialogue analysis), the criminal investigation reports (as to the criminal suspect A’s telegraph dialogue), the victim’s telegraph dialogues of the victim (as to the suspect A’s telegraph dialogue), the victim’s telegraph dialogues of the victim (H), the E Kakao Stockholm, the suspect’s photo at the time of committing the crime, CCTV data at the scene of the crime, investigation reports (as to the suspect’s identification), photographs, records of the Kakao Stockholm conversation, pictures, such as the withdrawal and reporting, investigation reports (as to the suspect’s cell phone storage printed out), list, search screen, receipts without a deposit passbook, etc.

1. Relevant provisions of the Criminal Act and Articles 347(1) and 30 (the fraud point, the choice of imprisonment), Articles 352, 347(1), and 30 (the attempted fraud point, and the choice of imprisonment) of the Criminal Act concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the defendant paid and agreed to the applicant for compensation, and the compensation order in this case was not reasonable in light of the content of the agreement) was committed by the defendant for the reason of sentencing, taking part in the crime of Bosing, taking part in the collection of about KRW 68 million from four victims for 17 days, taking part in the crime of Bosing, and taking part in the crime of collecting KRW 68 million from other victims, and taking part in the crime of deceiving KRW 69 million from other victims.

Since the crime is hot, it can not be punished strictly.

However, the defendant is against himself.

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