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(영문) 인천지방법원 부천지원 2015.03.26 2014고단1640

공갈

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is an employee who has been working from May 2013 to November 2013 on the "E operated by the victim D in Orcheon-gu, Ocheon-gu, Seoul."

When the Defendant was unable to receive KRW 55 million from G that transferred F to the victim, the Defendant used the above E’s business account books and used the victim’s business account books to receive intimidation money.

On February 5, 2014, the Defendant reported to the tax office without setting up KRW 65 million in a coffee shop near the fathercheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, the Seoul Special Metropolitan City.

The tax evasion is 8-90 billion won and the tax office reported to the effect that the amount of tax is 3-400 million won or more and the place of business is networked. The victim, who was frighted, did not have cash, was notarized by the victim of the defect.

Accordingly, on February 5, 2014, the Defendant: (a) had the victim borrow KRW 65 million from the Defendant and did not perform the monetary obligation, and (b) had the victim do not object to compulsory execution even if he/she was subject to compulsory execution (No. 2014 subparag. 128); (c) had the victim jointly and severally guaranteed the obligation of KRW 8 million against the H, and if the victim fails to perform the said monetary obligation, he/she shall prepare a notarial deed (No. 130 of document 2014) stating that there is no objection even if he/she was immediately subject to compulsory execution (No. 130 of document 2014). (d) If the Defendant did not perform the said monetary obligation to the I who had an outstanding claim of KRW 27 million against the victim, he/she would immediately be subject to compulsory execution, prepare a notarial deed (No. 29 of document 2014) stating that there is no objection.

The Defendant, as such, obtained a notarial deed for KRW 73 million from the victim who frightened the victim, thereby acquiring the same amount of pecuniary benefits, and let I acquire 27 million won.