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(영문) 수원지방법원 평택지원 2015.11.20 2015고정593

공갈

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 17, 2015, the Defendant, at around 17:30 as of January 17, 2015, received money from the victim D at the front of the road in Ansan-si C, on the road in Ansan-si B, and instead, paid money to him/her by paying small amounts of money. In addition, the Defendant sent money to him/her as if he/she were to take a retaliation and threatened him/her with it.

As such, the Defendant: (a) caused the victim to attack, and caused the victim to settle a small sum of KRW 100,000 on five occasions in a way of cash refund; and (b) continuously, around 19:00 on the same day, the Defendant continued to have the victim join the game item brokerage site, which is a game item, where the victim himself/herself is a member, and forced the victim to purchase the game item by force; and (c) interfered with approximately KRW 200,000 by forcing the victim to purchase it.

2. On January 28, 2015, the Defendant, at around 10:30 on January 28, 2015, sent the victim D using the Stockholm message to the National Bank, and, on the other hand, did not create a small-sum settlement card equivalent to KRW 300,000 at the National Bank, the Defendant was frighted as retaliationing the victim.

Therefore, the victims of drinking, which are 300,000 won, issued a small-sum payment card to the national bank and deliver it to the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on the content of messages;

1. Article 350 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. To reduce the amount of fine in consideration of the fact that the victim agreed to do so after issuing a summary order on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act;