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허나 윤 씨는 흥신소를 관리하지 않았고 받은 금액으로 정보를 확보할 의사나 능력도 없었다. 속여서 챙긴 금액은 생활비 등에 사용할 계획을 세웠다. 이미 윤 씨는 사기죄로 0차례의 징역형, 8회의 벌금형 처벌을 받은 전력이 있는 속임수 전문가였다.

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하지만 A 씨는 흥신소를 운영하지 않았던 것으로 파악됐다. 재판부는 “피고인은 실형을 4번 선고받은 전력이 있으며 특히 사기죄로 징역형의 실형 7회, 벌금형 5회 처벌받은 전력이 있다”며 “A 씨는 누범 시간 중에 자중하지 않고 이 사건 범행을 저질렀다”며 양형 원인을 설명했다.

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