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(영문) 서울서부지방법원 2015.01.16 2014노1212

공갈

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no misunderstanding of facts against the Defendant, such as threatening C.

B. The lower court’s sentence of unreasonable sentencing (five million won by fine) is unreasonable.

2. Judgment on the assertion of mistake of facts

A. According to the evidence duly admitted and examined by the lower court and the lower court, the following facts are acknowledged.

1) On March 27, 2009, the Defendant, C, and E entered into an agreement with Cambodia to establish a corporation and to operate a transmission tower construction project (Evidence No. 40 pages), and according to the said agreement, the Defendant, C, and E established a corporation “F” in Cambodia. According to the said agreement, E has invested at least 30,00 U.S. dollars, and deposited at least 50,000 U.S. dollars prior to April 10, 2009. The shares of the corporation to be established were divided at C40%, E, 50%, and 10% of the shares of the corporation to be distributed to Korea. 2) so, E did not know well of the method of remitting to a foreign country, and therefore, deposited money in the name of Cambodia in the name of C, 94,000,000 won ($ 68,000,000).

(Evidence Records No. 1, No. 48, No. 2, No. 72). C sent D’s new bank account number to E on March 28, 2009 (Evidence No. 24 pages), and E returned to Korea and deposited KRW 94 million with D’s account on March 30, 2009.

(No. 50,00,000 dollars 10,000 per time from March 30, 2009 to April 2, 2009, D borrowed the name of zine, etc. and transferred 50,000 US dollars 10,000 per time to the bank account of Cambodia (Evidence 2:46 to 50,00). On April 2, 2009, F’s account of Cambodia was deposited with USD 53,81 (Evidence Record 2: 43,00,000). The Defendant was aware that USD 50,000 was deposited in F’s Cambodia bank account on April 2, 2009 (Evidence 25:4, 434,000). The Defendant did not transfer USD 8,00,000 from E.7,000 to April 2, 2009.