(영문) 서울남부지방법원 2013.10.30 2013고합176

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(영문) 서울남부지방법원 2013.10.30 2013고합176

성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등

Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

around 06:00 on December 8, 2012, the Defendant: (a) entered the DaMo 208 in Seo-gu, Daejeon; (b) DoMo 208 in Seo-gu, Daejeon; and (c) accumulated the victim’s chest and part of the victim’s chest and part of the victim’s chest and part of the victim’s finger in the side of the victim’s E (the age of 29) who was divingd from the opening. (d) Then, the Defendant forced the victim to commit an indecent act by force by putting the victim’s finger and part of the victim’s clothes.

"2013, 254"

1. On October 31, 201, the Defendant made a false call from the F in the Hasan City, to the victim G, and “No surgery is required to do so. It would not be possible to obtain a loan due to overdue arrears, which would not result in a loan. It would be possible to obtain a loan in excess of KRW 22 million and to obtain a loan and repay the loan as terminated.”

However, the fact that the father of the defendant did not have to perform an operation, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

Accordingly, the defendant deceivings the victim and received 2,1980,000 won from the victim's bank account in the name of the defendant.

2. On December 13, 2011, the Defendant made a false call from the F to the victim G on December 13, 201, the Defendant concluded that “I would lend a loan with an additional amount of KRW 30 million, if IER’s hospital cost is deficient, the credit bad will be terminated.”

However, the defendant's father did not think that it will be used as the hospital expenses of the defendant's father, it was thought that it will be used for the repayment of its loans and the payment of company goods.

Accordingly, the Defendant, by deceiving the victim, received 30 million won from the victim to the bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Statement to E by the police;

1. The details of deposit transactions (2013 Gohap254 Nos. 8) are applicable to the Act and subordinate statutes.

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