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(영문) 창원지방법원 통영지원 2018.05.30 2018고단211

공갈등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant knew that the victim C (at the age of 15) was registered with another person’s photograph on this protogram in mobile phone display “B”, and used it to gather money from the injured party to receive money from the injured party.

1. On January 14, 2018, the Defendant, at his home located in 05:25 Doo-si 102 Doo-si, called “the Defendant would report to the police about the misappropriation of the photograph,” by phoneing the victim at his home in 10 Doo-si 102 Doo-si;

Does other than money?

The victim threatened the victim, and received cash of 150,000 won from the Defendant’s bank account (Account Number: E) around 13:00 on January 17, 2018, by threatening the victim to “to submit a written complaint to the police station with respect to the stolen use of the name” through the mobile phone Kakao Stockholm case.

Ultimately, the Defendant received property by threatening the victim.

2. The Defendant, like the statement in paragraph 1, received money from the injured party, who used the victim’s drinking state to receive money from the injured party, in order to collect money from the injured party additionally.

Accordingly, the Defendant, at around 01:34 on January 19, 2018, at the places indicated in paragraph (1) around 01:34, should supply the victim with the cell phone Kakao Kakao Stockholm to “at the crypt.”

by the date of the first day.

“The victim’s parents, who were aware of the fact, attempted to remit KRW 200,00 from the victim’s frighten by threatening the victim, but failed to bring the victim’s report to the police to the effect that the victim’s parents reported to the police.

In the end, the Defendant attempted to receive property by threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on financial transaction details, telephone records, the screen to the Kakao Stockholmo Stockholm course, and the Kakao Stockholm conversation content;

1. Article 350(1) of the Criminal Act applicable to the relevant criminal facts and Article 350(1) of the choice of punishment