A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The defendant and the victim B(18 years of age) and the victim C(18 years of age) are known in Dong and Dong.

피고인은 2017. 2. 5. 03:00경 서울 중랑구 D 아파트 상가 E편의점 앞에서, 피해자 B에게 “너 돈 얼마 있냐 나 돈 좀 줘“라고 말하여 피해자가 안 된다고 대답하자 손바닥을 피해자의 머리 위로 때릴 듯이 들고 피해자에게 “씨발년아, 줘!”라고 욕설하여 겁을 주었다.

As above, the Defendant received 3,264,00 won in total from two victims over 16 times from July 1, 2017, as shown in the crime list, including the following: (a) the Defendant attacked the victim; (b) discovered a password; (c) withdrawn KRW 600,00 in cash from the ATM device around the above convenience store; and (d) continuously transferred KRW 1,90,000 to the account designated by the Defendant; and (c) received KRW 3,264,00 in total from two victims over 16 times from July 1, 2017.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Each legal statement of witness C, B, F, G and H;

1. Statement to the prosecution of I;

1. The application of Acts and subordinate statutes to each recording book, each account transaction statement, and letter notes;

1. Relevant Article 350 (1) of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Election of Imprisonment;

1. Determination as to the defendant and his defense counsel's assertion among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act

1. The gist of the claim was that the Defendant received a refund of KRW 7.80,000,000 from the amount of KRW 800,000 lent to the victim B in 2017, and only received a refund of KRW 100,000,000 from F in 2017, as F notified by F, and did not receive money by deceiving victims.

2. Intimidation as a means of attacking judgment refers to the threat of harm and injury likely to be frighten to the extent that it limits the freedom of decision-making or interferes with the freedom of decision-making, and the threat of harm and injury must be specified.