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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
1. Violation of the Punishment of Violences, etc. Act (a collective injury by a deadly weapon, etc.) borrowed KRW 10 million from the Defendant who became aware of through D on December 2005 under the pretext of living expenses, etc. Around that time, the victim E (the age of 60) who was aware of usual knowledge around that time, and the victim was again requested for a discount of the face value of KRW 3 billion at the face value which the victim requested for a discount from the person who was not aware of his name.
At any time, C demanded the payment of the above KRW 10,00,000 from time to time by the Defendant to time, and as such, C demanded the payment of the above KRW 10,000,000.
The Defendant, on the grounds that C is delaying the brokerage of the said securities discount over several times, was suspected of having been actually requested by the victim to pay the said KRW 10 million, and C also heard the answer askeding from the victim several times, which led to doubt as to whether the said securities actually existed.
In the meantime, the Defendant, through C, proposed that the Defendant would procure KRW 3 billion of the purchase fund of the above securities to the victim through the brokerage of the above securities discount, thereby seeking a revenue of KRW 100 million or more through the brokerage of the above securities discount. However, the Defendant conspired to find out the existence of the above securities and the identity of the person who was unable to obtain the above name of the victim, such as the date when the victim caused the error in the above securities from the person who was in the name of the victim, and the date when the above securities were clerically written.
C around 13:50 on April 2, 2006, at the coffee shop of the Gangnam-gu Seoul Metropolitan Government G Building, the Defendant sent a phone to the victim in advance, saying, “A person who knows inside shall give a discount on the 3 billion won fake securities” and agreed to do so once, and then waits for the victim at this time.