공갈
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the factual error or misapprehension of the legal principle) is that the Defendant did not provide the victim with entertainment or money and valuables as stated in the facts charged, and there is no fact that the victim was threatened, and the amount received from the victim merely received the money with legitimate right, but the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or misapprehending the legal principles.
2. Determination
(a) Intimidation as a means of relevant legal conflict means the threat of harm and injury likely to be frighten to restrict people's freedom of decision-making or interfere with the freedom of decision-making;
Here, the realization of harm and injury so notified does not necessarily require that it is illegal, and even if the threat of harm and injury is used as a means of realizing a right, if it is fright to exercise the right and makes the other party fright by means of intimidation, and if the means or method of exercising the right exceeds the permissible level or range under the social norms, a crime of threat is established.
(See Supreme Court Decision 2007Do6406 Decided October 11, 2007, etc.). B.
Judgment
In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant's assertion is not acceptable, since the defendant threatened the victim and frightened the money from the drinking victim.
1. The victim provided 50,000 won and four times in cash to the victim for the acceptance of construction works of the Korea Libya Co., Ltd. from several times to the court of original trial. After that, at the time and place specified in the facts charged, the victim presented two copies of the paper No. A4, stating the above contents, and at the head office, would be aware of the fact that the victim received money and valuables.