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(영문) 인천지방법원 2016.04.27 2016고단1319

특수협박등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 4, 2016, at around 10:00, the Defendant intruded into the office by a victim D (n, 62 years of age) located in Dong-gu Incheon Metropolitan City, Dong-gu, and intruded into the office through a string door, and had a new card owned by the victim, who was on the books of the office.

2. On February 5, 2016, at around 09:54, the Defendant violated the Act on Financial Business Specializing in Fraud and Credit, the Defendant purchased a stolen credit card as above, and then used a stolen credit card to acquire a tobacco equivalent to KRW 4,500 won at the market price while carrying out the act as if he/she had the right to use it, and by paying by using the said card, acquired a tobacco 1 A from the injured party, and used a stolen credit card.

3. The Defendant is a victim of special intimidation (50 tax) to pay his/her money to him/her.

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When there is no family member, the victim was threatened by 'Woo chip'.

4. On November 30, 2015, around 19:30 on November 30, 2015, the Defendant: (a) obstructed the victim’s party funeral business by force on the ground that the victim G (50 tax) provided money to the victim in the Gu of Dong-gu Incheon Metropolitan City (50) and the victim did not pay the money; (b) the Defendant committed a disturbance with a large amount of money; (c) thereby, the Defendant obstructed the victim’

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F, D, and G;

1. CCTV closure photographs;

1. Application of the receipt statute

1. Relevant legal provisions concerning criminal facts, Articles 284, 283(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Article 319(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 314 of the Criminal Act regarding credit-based financial business.