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A defendant shall be punished by imprisonment for two years.
Reasons
Criminal facts
On November 4, 2009, the Defendant was sentenced to one year of imprisonment with prison labor at the Jeonju District Court for fraud, etc. and completed the execution of the sentence on July 28, 2010.
1. The Defendant attempted to commit fraud, upon receiving a passbook, by deceiving the aged living together with his/her human body living together with the drones, had him/her mind to raise living expenses, etc. by withdrawing the passbook.
On March 21, 2013, around 13:00, the Defendant entered the house of the victim D (n, 81 years of age) located in Macheon-si C, and made a false statement to the victim “as if he/she was an employee of the public health clinic, he/she is required to pay allowances at the public health clinic, and to conduct an investigation.”
However, the defendant was not an employee of the public health clinic, but there was no allowance to be paid to the victim at the public health clinic, and the victim's balance was confirmed to withdraw the money.
As such, the Defendant, by deceiving the victim, obtained the victim’s agricultural passbook from the victim, thereby identifying the balance of the passbook through the password and the Nong ADR, and attempted to obtain the deposit passbook deposited in KRW 6 million, but did not go through the victim’s seal to be used for withdrawing the deposit, and did not go through the victim’s attempted to obtain the seal to be used for withdrawing the deposit.
2. Violation of the Punishment of Violence, etc. Act (a collective weapon or threat);
A. As referred to in paragraph (1), the Defendant: (a) when coming from the victim’s house, the Defendant reported that the victim put the head of the Tong in the future; and (b) sentenced the victim to theft of the head of the Tong by using the cresh of the house; and (c) went to the victim’s house around 07:00 on March 22, 2013, and infringed on the victim’s house through the cresh of the wall.
B. After that, while the Defendant was waiting for the victim to leave the house by hiding it in the toilet located in the victim’s house, the Defendant discovered the Defendant by entering the bee toilet and finding the Defendant.