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(영문) 서울중앙지방법원 2015.05.21 2015고단81

폭력행위등처벌에관한법률위반(상습공갈)등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant habitually Manopo-Ma 81 of the 2015 Highest 81 [criminal records] The defendant is a person who has been sentenced to imprisonment with prison labor for ten months with prison labor on January 29, 2010 and three times with the same kind of power in addition to imprisonment with prison labor for not less than two years.

【Criminal Facts】

The Defendant, using the name of “D”, intended to use the so-called “D” so-called “ftentering” to receive money from persons running massage practice establishments and male-only gambling establishments without giving money to them, and as if reported to the police, to engage in illegal sexual traffic.

Around November 6, 2013, the Defendant: (a) called “E” phone calls from the head of the management division of the massage procedure site in Seoul (hereinafter referred to as “E”); and (b) threatened the victim F of the victim with “E” without giving money to the police as if he reported to the illegal sexual traffic business establishment; and (c) immediately transferred KRW 300,000 to the Defendant’s corporate bank account from November 20, 2014 to the Defendant’s corporate bank account; and (d) habitually threatened the victim of the 15 massage procedure with the aforementioned method from November 6, 2013 to December 13, 2014 as shown in the annexed Table of Crimes.

Fraud against Victim G of "2015 Mada118"

1. Around August 31, 2013, the Defendant provided that “A victim G shall be repaid without any molding one week if he/she loans KRW 2,00,000,000 to him/her.”

However, at the time, the Defendant did not have any intent or ability to repay the amount of 40,000,000 won, even if he borrowed money from the victim, due to sports discussions and gambling.

As such, the Defendant, by deceiving the victim, received 2,000,000 won from the victim, namely, from the victim.

2. On September 14, 2013, the Defendant paid a fine to the victim at the telecom specified in the foregoing paragraph 1.