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(영문) 의정부지방법원 2013.10.04 2013고단1835
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around July 13, 2011, the Defendant borrowed money from the victim B (n, 59 years of age) to the bank deposit even if he borrowed money from the victim B (n, 59 years of age) and did not think that it would be used as the bank deposit, and even if the operation of the legal office operated at the time was difficult, the financial situation was not good, and even if there was no plan to receive retirement benefits from the reception of the reception of the reception of the reception of the reception of the reception of the reception of the payment, the Defendant received a payment after three months of retirement benefits if the Defendant borrowed money from the new bank, the Korean bank, and the Nonghyup Bank in order to operate the legal office in Korea, and received the payment of the retirement benefits from the reception of the victim, and then acquired it by transfer from the victim via the bank account (D) in the name of C at that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to data concerning the use of borrowed funds by the defendant;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing, the circumstances leading up to the crime, the fact that damage recovery is not sufficiently achieved, and the criminal records and other relevant factors;

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