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(영문) 대구지방법원 안동지원 2015.01.23 2014고단541 (1)
공갈등
Text

A defendant shall be punished by imprisonment for seven months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant’s sole criminal conduct

A. The Defendant, who was aware of the fact that money was kept in the account in the name of the victim of intellectual disability 2, which was known to the victim’s intellectual disability 2 while attending a special school, who is a disabled person B, was guilty of thefting the victim’s physical card and attempted to withdraw cash using the card.

On December 1, 201, the Defendant: (a) committed a theft of the Victim’s Bac Card, which was living together with the Victim in Ansan-si D on December 1, 2011; (b) on December 1, 201, the Victim’s Bac, who was living together with the Victim in Ansan-si D.

B. On December 1, 201, at around 09:59 on December 1, 201, the Defendant: (a) withdrawn the cash amount of KRW 2,101,800 in total on three occasions using the Defendant’s bank body card in the name of the Defendant who stolen, as described in paragraph (1) from the cash withdrawal machine managed by the head of the Defendant’s Thai-dong Branch Office in Ansan-dong, Taedong, Taedong-dong, Seoul; and (b) subsequently, stolen the cash amount of KRW 2,101,80.

2. On December 16, 2013, the co-principal E proposed to use the Defendant’s physical fitness card of a new bank, which he had previously f, as entertainment expenses, at the main apartment parking lot located in Ansan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “Defendant A”) and offered them with the consent of Defendant A.

At around 23:51 on December 16, 2013, the Defendants paid accommodation expenses at “HMoel” located in Ansan-si G, Dong-si, and paid KRW 643,500 by deceiving victims 14 times a total of 14 times from around that time to December 18, 2013, as indicated in the separate list of crimes, including the fact that the Defendant, as if he were his card, presented 30,000 won to the victim’s name partner as if he was his card, was his card.

Accordingly, the defendant in collusion with E uses the physical card acquired by threatening people, and by deceiving victims, received property or acquired property benefits.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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