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(영문) 서울중앙지방법원 2015.04.16 2015고단1032
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On January 27, 2010, the Defendant was sentenced to ten months of imprisonment for fraud in the Suwon District Court Ansan Branch, and completed the execution of the sentence in the Chuncheon Prison on November 11, 2012.

2. Criminal facts;

A. On May 5, 2014, the defrauded stated to the victim E, “If he/she has invested KRW 10,000,000,000,000,000,000,000,000,000,000,000 won, along with grixs, to be returned to Korean people in the marina casino. Around May 5, 2014, the defrauded made a false investment of KRW 20,000,000,000 per day.”

However, even if the defendant received the investment money from the victim by falsity, the defendant did not have the intent or ability to return the principal as well as the investment profit.

Nevertheless, on May 6, 2014, the Defendant: (a) by deceiving the victim as above; (b) received KRW 2 million from the victim of the instant accident in front of the officetel 707-18, Gangnam-gu, Seoul; and (c) received KRW 18 million from the “G” located in the Gangnam-gu Seoul Metropolitan Government F to the Defendant’s H’s account (Account Number: I) in the name of his/her father H.

Accordingly, the defendant deceivings the victim to acquire 20 million won from the victim for the purpose of investment.

B. Around 03:00 on May 2, 2014, the Defendant violated the Punishment of Violence, Violence, etc. Act (a collective action, deadly weapons, etc.) committed assault on the table of an entertainment drinking house called “K” on the first floor of J-based, Gangnam-gu, Seoul, at around 03:0, on the part of an entertainment drinking house, the Defendant: (a) Dozers, Doz., Dozne-based, Dozne-based, Doznene-based, Dozne-based, Dozne-based, who smokes tobacco to the victim; (b) Dop-based, Dop-based, Dopne-based, who dump the victim while smoking tobacco to the victim; and (c) Dop-gu, e.g.,

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