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Reasons
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(영문) 대구지방법원 포항지원 2013.09.12 2013고단684
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 9, 2013, the defendant was sentenced to a two-year suspended sentence for fraud in the Daegu District Court Port Branch of Korea on June 17, 2013, and the judgment becomes final and conclusive on the 17th day of the same month.

At around 04:00 on July 26, 2013, the Defendant, at the 'E' point of the operation of the victim D in North Korea-gu, North Korea-si, North Korea-si, issued an order from the victim as if he would normally pay the 'E', one of which is equivalent to 200,000 won of the two weeks and 60,000 won of the service fee.

However, the defendant did not have the intention and ability to pay for the principal.

The Defendant, as such, by deceiving the victim, received a total of 2.60,000 won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Previous records: Application of the Act and subordinate statutes to inquiry reports and investigation reports, including criminal records;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts has the same history of criminal punishment at least 20 times due to a criminal act committed in the same type ofless taking-off type, and in particular, the criminal act committed in the same type ofless taking-off type without being aware of the fact of the first head of the judgment, even though he is currently under suspension of execution

In addition, there is no room for the defendant who committed the instant crime again in the past two months after having been sentenced to a suspended sentence.

In full view of all these circumstances, the defendant is bound to be sentenced to punishment.

However, the defendant reflects his mistake and determines the punishment as ordered in consideration of the favorable circumstances such as the fact that the defendant has agreed with the victim.

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