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(영문) 서울남부지방법원 2013.06.04 2012고단3593
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[2012 Highest 3593] On December 16, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor due to a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), a crime of intimidation, etc. at the Suwon District Court on July 26, 201, and completed the execution of the sentence in the Daejeon Prison on July 26, 201.

On September 22, 2012, at around 23:20 on September 22, 2012, the Defendant laid the Dtel 309, which is one of his residence in Geumcheon-gu Seoul Metropolitan Government, and caused the victim E (30 years of age) to recover and demand the repayment of debts, and caused the victim to set the victim’s knife, with a knife inside the knife (29cm in length, 17.5cm in length in the knife length) and with a sound, such as “the knife knife knife knife”.

Accordingly, the Defendant carried dangerous objects as above and threatened the victim.

[2013 Godan555] On September 2012, 2012, the Defendant made a false statement to the victim F, “I will temporarily use and return the GMW car of 700,000 won for three days at the time of the reduction of 70,000 won per party,” to the victim F, who was on the street in front of the Tri-Sa, YM car located in the Mapo-si.

However, even if the above car was borrowed by the defendant, the defendant only intended to lend funds to the bond company as security and did not have the intention or ability to return them normally.

The Defendant, by deceiving the victim as above, obtained the above BMW car from the victim who was in an unfluened market price and acquired it by fraud.

[2013Kadan866] On January 25, 2013, the Defendant stated that “A victim H who was aware of in the course of conducting personal sirens through an Internet site near the Seocho-gu Seoul Metropolitan Government Gangnam Station shall return the car of 4.50,000 won after lending it to the victim H for three days.”

However, even if the defendant borrowed the above vehicle from the victim, he only borrowed money by providing it as security to the bond company, and he is only liable to pay approximately KRW 10 million without any particular property or occupation at the time.

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