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(영문) 부산지방법원 동부지원 2014.09.12 2014고합124
강간치상등
Text

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

The defendant shall complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

around April 2009, the Defendant became a guest with D dan located in Nam-gu Busan, Busan, and became a victim E who had worked as an employee.

1. Fraud;

A. On August 25, 2011, the Defendant loaned expenses to the victim’s Gasing room operated by the victim in Suwon-gu, Busan, to Jeju-do. The Defendant stated that he/she would repay the said money to the victim, as he/she was expected to receive the money he/she had performed the scrap metal work.

However, the defendant did not have any income from the scrap metal business at the time, and there was no other specific assets, and there was no intention or ability to pay the above money to the victim immediately.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1 million from a national bank in the vicinity of the Suwon-gu Office on the same day as the loan, under the name of the victim.

B. Around August 27, 2011, the Defendant made a false statement to the effect that the Defendant would repay the Plaintiff’s “if the Jeju-do expenditure exceeds KRW 500,000,000,000,000,000,000 to the Defendant.”

However, the defendant did not have any income from the scrap metal business at the time, and there was no other specific assets, and there was no intention or ability to pay the above money to the victim immediately.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 500,000 from the victim to the agricultural bank account of the Defendant’s mother H on the same day.

C. On October 6, 2011, the Defendant called the victim at the Buddhist area located in Busan, and lent KRW 3 million to the victim with a deposit necessary to obtain monthly rent. Mad, Mad, the Defendant did not know about the money. The Defendant made a false statement to the effect that he/she would have paid the money that he/she had performed the scrap metal work entered.

However, the defendant did not have any income from the scrap metal business at the time, and there was no other specific assets, and there was no intention or ability to pay the above money to the victim immediately.

Nevertheless, the Defendant is the victim as above.

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