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(영문) 대구지방법원 포항지원 2019.01.10 2018고단1118
특수협박등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From February 2017, the Defendant had been congested with the victim B (n, 26 years of age) and had been able to perform delivery, receipt, etc. in the “E” in the operation of the victim located in the south-gu C Building D at Port.

1. Around October 10, 2017, the Defendant: (a) received KRW 80,000 from the operator of “G” beauty room operator in Nam-gu F at Port F to transfer from H to the I account in the name of the Defendant for the victim; and (b) used the victim’s personal use, such as living expenses, at around that time, at a day of port, at his/her own discretion.

In addition, from around that time to March 20, 2018, the Defendant arbitrarily consumed the total of KRW 5,964,000 in the same way 44 times, such as the list of crimes in the attached Table.

Accordingly, the defendant embezzled the victim's property.

2. Around 02:00 on September 22, 2017, the Defendant assaulted the victim in a way that the victim was pushed down with the wall and boomed with the wall, while making a dispute with the victim’s late returning home at the scene of the victim’s residence in the south-gu K Building L at the port.

3. The special intimidation Defendant, at the time, at the place specified in the above paragraph 2, stated the Defendant’s assault, such as the date and time, and the above paragraph 2, followed the Defendant’s assault, thereby far away from the victim. The victim said, “I am off the victim,” and said, “I am dead. I am in this context,” referring to the knife, which is a dangerous object, with the kitchen, in his hand, knife the victim’s knife with the kitchen.”

Accordingly, the defendant carried dangerous objects and threatened the victim.

4. On March 15, 2018, the Defendant transferred KRW 610,000,000, in total, from the victim’s first account (N) to the Defendant’s name, after accessing the victim’s cell phone, OTP to the I mobile banking, and then inputting the password, at the victim’s residence located in the Nam-gu K building L, Nam-gu, Seoul, and then, from the victim’s name, the Defendant transferred the password to the I mobile account (P).

Accordingly, the defendant is a computer.

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