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(영문) 대구지방법원 포항지원 2012.11.01 2012고단966
사기
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays damages of five million won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

On July 17, 2012, the Defendant was sentenced to two years of imprisonment for fraud in the Daegu District Court and racing support, and the judgment became final and conclusive on July 25, 2012.

On November 5, 2007, the Defendant made a false statement to the victim E at the laundry Office in North Korea-gu, Mapo-gu, Mapo-gu, Mapo-si, Mapo-si, Mapo-gu, Mapo-si, that “The Defendant will give money to the Mapo-si, Mapo-si, Mapo-si, Mapo-

However, even if the defendant received money for employment from the victim, he did not have the intention or ability to find employment by the victim through fraud.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 3 million from the victim, namely, from the seat of the victim, from the time to August 30, 2010, and obtained a total of KRW 48 million from six victims on a total of nine occasions, such as the list of crimes, from August 30, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F, G, H, C, I, and J;

1. A copy of a check, a copy of a passbook, a remittance certificate, and each receipt;

1. Previous convictions: Application of criminal records and investigation reports (reports attached to the same criminal records and investigation reports);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The grounds for sentencing of Articles 25(1) and 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for Compensation Order are six victims, the amount of damage exceeds 48 million won, and the damage has not been restored until now.

The victims have repeatedly been punished by the defendant.

In addition to this point, punishment shall be determined in consideration of various circumstances that are conditions for sentencing.

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