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(영문) 서울동부지방법원 2019.10.24 2019고단2962
공갈등
Text

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

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

Reasons

Criminal facts

From around 2015, the Defendant and the victim B (China and 15 years old) came to know in the course of visiting the victim's mother's home to the victim's home, and the Defendant had been aware of the fact that the victim was unfolded in the Eastern line, such as entering the two arms, and the Defendant was aware of the fact that the victim was unfolding.

1. On April 25, 2019, the fraud Defendant stated to the effect that, “Absia 124 62, as Yang Jae-gu, Gangdong-gu, Seoul, the Defendant would transfer the victim again at the same place on April 28, 2019, to the effect that, “Absia PCX 125CC YI would change the down payment.”

However, since the defendant did not possess Oralba, even if he received the payment from the victim, he did not have the intention or ability to transfer Oralba to the victim.

As above, the Defendant deceptioned the victim and received KRW 80,00 from the victim on April 25, 2019, and received KRW 2,600,000 from around that time to May 28, 2019 in total by deceiving the victim on nine occasions as stated in [1] list of crimes in attached Form / [2,60,000 won.]

2. Around May 17, 2019, the Defendant, with the knowledge that the victim would cause the Defendant to write down the Defendant and the Defendant, was aware of the fact that the Defendant would cause the Defendant to do so, and the victim would not have to pay off the value of the Defendant. It also shows the same attitude that the Defendant would cause harm if he did not give money to the Plaintiff, stating that “I will pay off the amount of 50,000 won to the Plaintiff, who is a soil operator, and is a river operator, the amount of 500,000 won to the Defendant,” and that he received 50,000 won from the fright from the fright to June 7, 2019.

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