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(영문) 창원지방법원 2015.06.11 2014고합311
강간등
Text

As to the crimes of Articles 1 through 4 and 6 through 9 in the judgment of the defendant, the crimes of Articles 5 in the judgment shall be punished by imprisonment with prison labor for one year and six months.

Reasons

Punishment of the crime

[criminal power] On May 16, 2005, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Stows Control Act at the Busan District Court on December 26, 2005, and the execution of the sentence was terminated on December 26, 2005. On December 4, 2009, the Busan District Court sentenced one year and four months of imprisonment with prison labor for fraud, etc. on February 11, 2010, which became final and conclusive on February 22, 2010.

【Criminal Facts】

"2014 Gohap311"

1. Fraud against the victim C;

A. On October 24, 2014, the Defendant received 700,000 won from the victim who believed the horses to be true, and acquired them through the victim’s account, 70,000 won from the victim who believed the horses to be true, by leaving the phone to the victim C, notwithstanding the lack of intent or ability to repay the horses even if he/she borrowed money.

B. At around 17:30 on October 31, 2014, the Defendant, despite having no intention or ability to repay money even if he/she borrowed money, obtained money from the victim who believed that he/she is true to receive KRW 2,00,000 from E to the account of the victim who believed that he/she is true, by marking the phone to the victim.

2. Around November 1, 2014, at around 01:48, the Defendant took a picture of the Defendant’s cell phone camera function by taking together the sound parts of the Victim C, which may cause sexual humiliation or shame, at the Defendant’s house located in the Chang-si M&C area F, and taking advantage of the gap in depth of the victim’s cell phone camera function.

In this part of the facts charged, the defendant stated that "the defendant had the victim C feel intending to brut with the victim C, taken the victim's negative photograph before leaving the victim's photo, and she had the victim use it when she intends to hedging."

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