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(영문) 대구지방법원 포항지원 2013.06.19 2012고단1325
사기
Text

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

Reasons

Punishment of the crime

On May 18, 2006, at the office of the company D in Daejeon Jung-gu, Daejeon, the Defendant stated that "in Korea, the victim E works as the person in charge of the F land readjustment and rearrangement project at the time of port." The civil engineering works are subcontracted. It changed the construction deposit." In the name of the company G, the Defendant prepared a contract for the F district land readjustment project in the name of the company G.

However, the defendant did not have the right to subcontract civil engineering works in the construction of the above land readjustment project by G, and was not delegated by G, a corporation with the authority to prepare the above contract.

On May 25, 2006, the Defendant received 40 million won from the victim to the account of community credit cooperatives under the name of the Defendant on or around May 25, 2006.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Application of the police interrogation protocol to I

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the crime of this case is the maximum amount of the background leading to the defendant to the crime of this case, the method of the crime, and the amount obtained by deception, the damage recovery has not been made up until now, and the victim has the history of being punished several times for the same crime, and it is inevitable to sentence imprisonment with prison labor for a severe punishment corresponding to the nature of the crime against the defendant.

However, in consideration of all the circumstances that are conditions for sentencing, such as the age, character and conduct, and environment of the defendant, the sentence shall be imposed as ordered by the defendant.

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