beta
(영문) 대구지방법원 2015.05.15 2014고정647

공갈미수

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around July 2008, the Defendant: (a) came to know of the victim D (n, 76 years of age) with the introduction of the branch in order to assist the victim in a civil lawsuit; and (b) requested the victim to the effect that “as the victim won the lawsuit, he/she would have won the case by providing assistance in the lawsuit, so he/she would have won the case.”

In June 2013, the Defendant: (a) around 15:00 police officers around 15:00 and near the F Park in Daegu-gu, Daegu-gu, the Defendant: (b) provided the victim with the purport that “I wish to lend KRW 5,000 to another person if I do not lend it; (c) I want to receive money from the victim; (d) but (c) received money from the victim due to the victim’s failure to comply with it.

Summary of Evidence

1. Legal statement of the witness H;

1. Statement of witness D in the third protocol of trial (Although there are some unclear parts concerning the date and time, circumstances, etc. of the crime, the major contents of the statement are consistent, specific, and credibility is recognized in line with the statement of witness H, a witness, considering the age, etc. of the victim);

1. Application of statutes governing judgment;

1. Relevant provisions of the Criminal Act and Articles 352 and 350 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;