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A defendant shall be punished by imprisonment for ten years.
The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.
Reasons
Punishment of the crime
1. Around July 2008, the Defendant: (a) requested the victim C to have a room within a passenger car owned by the Defendant, which was set up under the Dogcheon-gun, Jeoncheon-gun, Jeoncheon-gun; and (b) used the check to pay the money borrowed from the Defendant’s name in his own name in front of 12 10,000 won, while keeping the victim in custody for the victim.
Accordingly, the defendant embezzled the victim's property.
2. Around 12:00 on April 23, 2009, the Defendant: (a) made several calls to the victim C (here, 53 years of age) to lend money; (b) however, the Defendant refused to pay money; (c) and (d) made the victim’s head, etc. by hand.
The defendant was transferred 2 million won to the defendant's E account in the same day from the victim of frightage.
Accordingly, the defendant was given property by threatening the victim.
3. Fraud;
A. On June 22, 2009, the Defendant made a false statement to the victim C that “I would pay back the money if you borrowed money.” on the front day of the Korean power plant located in the Yecheon-gun, Jeoncheon-gun, Chocheon-gun, Dongcheon-gu, Chungcheongnam-do.”
However, the defendant did not have any intent or ability to pay money to the victim.
The Defendant received from the victim one million won check on the same day as the borrowed money.
Accordingly, the defendant was given property by deceiving the victim.
B. On September 10, 2009, the Defendant made a false statement that “The Defendant borrowed money from the front side of the unit agricultural cooperative in Yecheon-gun, Chocheon-gun to the victim at the time of paying back the money.”
However, even if the defendant borrowed additional money from the victim, he did not have the intention or ability to repay it.
The defendant shall be 50,000 won in cash on the same day under the pretext of borrowing from the victim.