A defendant shall be punished by imprisonment for not less than two years and six months.

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

Punishment of the crime

On October 29, 2017, the Defendant: (a) was under the influence of alcohol in the front of the Donyang-si around 00:26 on October 29, 2017; (b) discovered the victim E (at 18 years old) and tried to drive away the victim.

The defendant shall take up one copy of the IBK Card (F) owned by the victim within the wall of the victim in a state where the victim is deprived of the victim and can not be able to talk properly with him/her because he/she was drunkd in a park located in the Mayang-gu, Ansan-gu, Ansan-si.

was made.

1. On October 29, 2017, the Defendant in violation of the Act on Financial Business Specializing in Fraud and Credit Financial Business: (a) laid off the above E around 00:56, and went back from the said park to the “Helel” located in Ansan-gu G at Ansan-si, Ansan-si, and (b) presented the above IBK card under the name of E, which was taken out as above, to pay accommodation expenses, to the victim I, who was the owner of the above her lawful physical card.

However, the above IBK Card was not based on E’s will and was separated from possession, and the defendant did not have the right to use it.

Nevertheless, the defendant had the victim settle the amount of 5,000 won of accommodation fee with the above physical card.

Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 55,00, and used the debit card that escaped from his possession without resorting to E’s intention.

2. Quasi-rape: (a) the Defendant, at the time, and at the places specified in paragraph (1), carried the victim into the guest room; (b) laid off the clothes of the victim E (at 18 years of age) in a physical and mental state due to drinking, and had the victim engage in sexual intercourse once by inserting his sexual organ into the part of the victim’s sound.

Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's in a state that the victim could not resist.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement protocol by the police for E;

1. Investigation report (the investigation of the cards of the victim used at the time of entry into the place where the crime occurred);