beta
(영문) 광주지방법원 2013.11.13 2012고단3709

사기

Text

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

The defendant pays 20,000,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

On January 25, 2008, the Defendant was sentenced to 10 months of imprisonment with prison labor for fraud, etc. at the Gwangju District Court, and on October 14, 2008, the Defendant was released from the Gwangju Prison on March 30, 2009 during the execution of the sentence on March 30, 2009 and the parole period was terminated on April 5, 2009.

On September 3, 2011, the Defendant, at the office of Gwangjubuk-gu, the Defendant: (a) false statement to the effect that “I will restore the cancelled driver’s license through sufficient administrative appeals on the grounds that I knew many people in Cheongdae-gu, the National Police Agency, the Information Department, etc., and thus I would restore the cancelled driver’s license; and (b) received KRW 10 million from the victim around the 6th day of the same month; (c) obtained KRW 10 million on the 30th day of the same month; and (d) obtained KRW 20 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Copies of cashier's checks;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to inquiries and inquiries about the identification of each individual;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 25 (1), 31 (1) and (2) of the Act on Litigation Promotion, etc. of Compensation Orders;

1. The sentencing of Article 31(3) of the Act on Promotion, etc. of Litigation, etc. of Sentence of Provisional Execution, comprehensively taking into account all the circumstances, including the fact that the defendant commits the crime of this case within the period of repeated crime, the defendant has a large number of fines and punishment for the same kind of crime, and the fact that the defendant does not agree with the victim