2016 Highest 769 Ghana

(b) Attempted crimes;

1.(a) A

2.(a) B

Adult sole-time (prosecution), Cho Young-ju (Public trial)

Attorney C, D, E, F (private ships for Defendant A)

August 23, 2016

Defendants shall be punished by imprisonment for one year.

However, the execution of the above punishment is suspended for a period of two years from the date this judgment became final and conclusive. They shall be subject to probation against the Defendants and order community service for 200 hours.

Criminal facts

Defendant B, from September 2015 to September 2015, worked as the warden at the point of Jeonjin-gu Seoul Metropolitan Government’s “Yeman-gu G”, and was in charge of the management of the Yemana Office’s office. Defendant A

From December 23, 2015, a person who works as an employee in the rental car office from around December 23, 2015 and takes charge of the duties of the rental car and the customer contact.

1. The Defendants’ co-principal

피고인들은 2015. 12. 말경 '000 렌터카' 사무실에서, 손님이 렌터카를 빌려갈 때에 렌터카의 앞뒤 범퍼 밑 부분, 문 아래쪽 발판, 앞 쪽 안개등 부분 등에 있는 흠집을 제대로 확인하지 않는다는 점을 이용하여, 피고인 A은 렌터카를 반납하러 온 손님들에게 위와 같은 흠집에 대한 책임을 지라는 취지로 욕설을 하거나 윽박을 지르는 방법으로 겁을 주어 손님으로부터 수리비와 휴차료 명목의 돈을 교부받아 갈취하고, 피고인 B은 피고인 A에게서 위와 같이 갈취한 돈을 받아 '000 렌터카' 사무실의 운영비 등으로 사용하기로 공모하였다.

At around 11:59 on March 1, 2016, Defendant A: (a) demanded the victim (25 years of age) who returned the HK5 vehicle to return the vehicle under the lower part of the passenger vehicle’s front floor; (b) was refused in cash under the name of repair cost and rest fee; (c) the victim refused to repair the vehicle at the “legal defect; and (d) said victim’s desire to take care of it on his hand; (b) said, “DV is so 50,000 won when the vehicle was flick,” and (c) said, the Defendant received 10,000 won from the victim who was flick, as repair cost and break-off fee, and (d) said victim did so. In addition, the Defendants received KRW 100,000 from around 15:0 on December 27, 2015 to May 8, 2016, and owned it over KRW 1920,000,000 for the victims.

2. Defendant A

On May 16, 2016, the Defendant received 400,000,000 won in cash from the victim J (the age of 46) who returned a numberless sprinked car from the victim J (the age of 46) on the top of the steering of the car and did not give money in the name of the repair cost and the rest fee. In addition, the Defendant took the attitude that he would cause harm to the body of the victim if he did not give money in the name of the repair cost and the rest fee.

In addition, from that to May 18, 2016, the Defendant received the total of KRW 850,000,000,000 in cash owned by the victims three times, such as the attached list 2, from that to May 10, 2016.

Summary of Evidence

1. Defendants’ legal statement

1. Statement 1. AB, AC, AD, AE, AF, AH, AH, AI, AJ, and AK Statements;

1. Police seizure records;

1. 112 reported statements and replies;

1. Details of transactions in the Nonghyup Bank;

1. Application of Acts and subordinate statutes to investigation reports (related to securing statements by the victim), investigation reports (related to telephone communications by the head of the siren general team in 000), investigation reports (related to telephone communications by the head of the relevant team in charge of industrial companies stated by A);

1. Relevant law on criminal facts and the defendant A who has selected a sentence: Article 350(1) of the Criminal Act; Article 30 of the Criminal Act; Articles 352, 350(1), and 30 of the Criminal Act; Article 350(1) of the Criminal Act; Article 350(1) of the Criminal Act; the choice of imprisonment;

Defendant B: Article 350(1) of the Criminal Act; Article 30 of the Criminal Act (joint conflict); Articles 352, 350(1), and 30 of the Criminal Act (joint conflict)

1. Aggravation for concurrent crimes;

Defendants: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Suspension of execution;

Defendants: Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

1. The grounds for sentencing;

[Determination of Punishment] The basic territory of category 1 (less than 30 million won)

[Scope of Recommendation] Six months to one year

2. Determination of sentence;

Defendants have the record of having received juvenile protective disposition several times. Defendants committed a crime against multiple customers, and the law on the number of crimes is inferior. However, Defendants have no record of criminal punishment, and considerable damage has been recovered by mutual consent with considerable victims shall be considered in favor of the Defendants. Such circumstances, including these circumstances, the Defendants’ age, character and behavior, environment, details and details of the crime, degree of participation in the crime, and circumstances before and after the crime, etc., shall be determined as ordered in consideration of the sentencing factors indicated in the arguments, such as the period of punishment.

Judges Kim Gin-han