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(영문) 창원지방법원 2018.08.09 2018고단1679

공갈등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On January 22, 2018, at around 16:00, the Defendant: (a) lent money to G (the remaining, 55 years old) before the F Hospital located in Kimhae-si; (b) while having talked with G while getting on a taxi in this operation; and (c) changed its contact details; (d) around 23:20 on the same day, G returned to the Defendant’s house located in H at the time of Kimhae-si, known to the Defendant; and (e) lent KRW 100,000 to the Defendant and had sexual intercourse under an agreement with the Defendant.

On January 23, 2018, the following day, the Defendant: (a) requested G to provide medical fees of KRW 200,000,000 for contact with G and received remittance from G; and (b) contacted G around January 24, 2018, and (c) received KRW 120,000 from G by requesting money from G.

After that, the Defendant contacted G to receive additional money from sexual intercourse, but G did not receive the phone while refusing the Defendant’s demand, and reported false facts to the effect that G was raped, and received the agreed money.

Defendant 2018

1. Around 25, as of the Kimhae-si Kim Jong-si, a letter of complaint was prepared and submitted to the women in the mid-gu Police Station of the 2307 Kimhae-si, stating that “G, within the 23:20 on January 22, 2018, G, in his/her possession, takes the Defendant’s seat with his/her hand and “she will die if he/she became aware of,” and raped.

However, in fact, the defendant only has sexual intercourses under the agreement with G, and as above, G will die with the defendant.

There was no rape by intimidation.

As a result, the Defendant reported false facts to public offices for the purpose of criminal punishment against G, and made a false accusation against G.

2. On February 6, 2018, the Defendant, as stated in paragraph 1, filed a complaint against the victim G to the crime of rape, and subsequently requested the victim to appear by the police officer on the grounds of the instant complaint for rape at his/her home and the instant complaint for rape at his/her home.