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(영문) 서울중앙지방법원 2014.05.15 2014고합67
특수강도
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

[2014Gohap67] On December 2013, 2013, the Defendant prepared a knife, which is a deadly weapon, to be used in committing a crime, with the intent to force another person's money and valuables, as a result of the lack of living expenses for policemen.

1. Around 05:00 on December 23, 2013, the Defendant entered the “D” convenience store located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul as a customer. Around December 23, 2013, the Defendant: (a) covered the victim E (WW) who is an employee by cutting the knife in the knife in the knife and threatening the victim E (WW, 31 years old); (b) threatened the victim’s resistance; and (c) took 1.60,000 won in cash from the knife simplified safe.

2. On December 31, 2013, the Defendant, on December 31, 2013, entered the “G” convenience store located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, as a customer. On December 31, 2013, the Defendant: (a) covered the victim’s resistance by having the knife knife inside the knife knife, threatening the victim H (W, 23 years old; (b) threatening the victim’s knife, and led the victim’s knife knife knife knife knife knife knife knife knife knife knife knife h.

[2014Gohap392]

1. On February 2013, the Defendant made a false statement to the victim I, stating, “If the Defendant lends KRW 20 million to the victim I before the Central Branch of the Gain Bank located in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant would complete the payment including KRW 7.5 million prior to October 26, 2013.”

However, at the time of fact, the Defendant had no intention or ability to repay the debt even if he borrowed money from the victim because the Defendant had to pay the debt amount of KRW 150 million, and the interest amount of KRW 10 million has to be paid.

Nevertheless, the Defendant, by deceiving the victim as such, obtained money from the victim to the Japanese bank account (J) in the name of the Defendant on the 26th day of the same month from the victim and acquired money from the victim as the borrowed money.

2...

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