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(영문) 대구지방법원 상주지원 2013.03.12 2012고단540

사기

Text

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

The defendant pays 14,00,000 won to an applicant for compensation, which is physical damage.

Reasons

Punishment of the crime

[Power of Crimes, which is the reason for repeated crimes] The Defendant, in the Daegu District Court Resident Support Act on June 19, 2008, sentenced to a suspended sentence of two years for the violation of the Game Industry Promotion Act and added this criminal records without any changes in the indictment.

On February 5, 2009, the Daegu District Court was sentenced to six months of imprisonment with labor for a violation of the Game Industry Promotion Act in the resident support of the Daegu District Court on February 5, 201, and completed the execution of the final sentence in the third prison of North Korea on January 19, 201.

[2012 Highest 540, May 25, 2011, the Defendant made a false statement to the victim B, “The owner of the D Hotel Construction Corporation shall be authorized by E, and the tourism fund of the Ministry of Culture and Tourism and the Government subsidy of the Mine Reclamation Corporation shall not be paid from E, and the amount of KRW 20,000,000 shall be changed under the name of structural safety diagnosis expenses for the resumption of construction.” However, the above E is a person who has no authority over the said new construction, and the Defendant was not authorized to the said new construction, and even if he received the above money from the victim, there was no intention or ability to receive government subsidies from the victim to allow the victim to undertake construction. Nevertheless, the Defendant, by deceiving the victim, obtained KRW 3 million as a check from the owner of the said new construction corporation, and transferred KRW 100,000,000 from the owner of the E, 200,000 won to the victim’s account under the name of the E, 2013.4.16.

However, even if the defendant received the above money, the defendant is above the victim.