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(영문) 청주지방법원 2013.07.04 2013고정248

공갈미수

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From June 3, 2006, the Defendant leased a commercial building owned by the victim D from the victim of the Chungcheongbuk-gun C and operated the restaurant with the trade name of “E”.

The Defendant used the F cafeteria’s electricity on the “E cafeteria” operated by the Defendant while operating the F cafeteria in the above building, and was aware of the fact that the Defendant evaded taxes and illegally constructed the building, and was willing to borrow it from the victim to borrow it.

On July 2012, 2012, the Defendant, in front of the E-cafeteria, called “150 million won, the Defendant, at the early night of the said E-cafeteria, told the victim to the effect that “I would make the F cafeteria by reporting that I would like to have the said E-cafeteria, illegally constructed, or evaded taxes, and attaching a F cafeteria card in the city.”

As such, the Defendant attempted to have the victim attack and receive KRW 150 million from the drinking victim, but the victim did not voluntarily pay taxes and give money to the Defendant. However, the Defendant did not commit an attempted crime without having to give money to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by the prosecution;

1. Each police interrogation protocol against the accused;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes of a store lease contract and side agreement;

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 Criminal Act for the detention of a workhouse;

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