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(영문) 대구지방법원 2017.11.22 2017고정1567

공갈

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant demanded the victim to file a petition with the Daegu Regional Labor Agency on November 25, 2016, on the ground that C did not take the victim’s demand to change his/her resignation, and on the grounds of forgery, resignation, and non-payment of overtime work allowances, the Defendant demanded the victim to submit the petition amount of KRW 20 million.

On March 15, 2017, the Defendant filed a return on telephone conversations with the victim on March 15, 2017, “I would make a return to recover, pay taxes to the State, and pay taxes for ten years.” and on March 16, 2017.

on March 23, 2017, whether the victim would bring to the National Tax Service if he/she did not pay money, “I”, and “I”,

4. 15.까지 해결 다 해야 된다, 안 되면 서류 다 해 놨다.

“The victim was crypted by the victim.”

As such, the Defendant received from a person who frightened the victim and transferred a total of KRW 2,200,000,000 to his Daegu Bank Account (D) on March 27, 2017, KRW 60,000 on March 28, 2017, and KRW 60,000 on March 29, 2017, the sum of KRW 2,220,000,000 to the victim’s Daegu Bank Account (D).

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each recording book, copy of passbook, each private staff member, confirmation letter, suspect who has filed the complaint and text data, two copies of the document submitted by the suspect, two copies of the document submitted by the suspect, two copies of the document sent by the suspect, two copies of the Kakao Stockholm, and a statement of conversation, and a statement of fact;

1. Each investigation report (Evidence List Nos. 8, 12, 16, 17, 18, 20, 22, and 23) (Defendant and defense counsel asserted that the Defendant and defense counsel received not only the Defendant’s intimidation to receive KRW 2,200,00,000, but also the petition for non-payment of wages by agreement to withdraw.

However, if the defendant does not know 20 million won to the victim, the defendant is accused of tax evasion by the National Tax Service.

In several times, it is difficult to regard the defendant as a legitimate exercise of his rights, and the defendant paid the unpaid wage of 5.899 million won, which is recognized by the Labor Office, in addition to the above 2.2 million won, from the injured party, and the defendant himself received the above 2.2 million won from the above 5.89 million won.