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(영문) 광주지방법원 2019.01.10 2018노2457

공갈등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence of obstruction of business, the defendants and the defendant Gap found the E office at the time of the instant case to the effect that "all of our employees will be dismissed," etc., the chief of night production division, etc., and this constitutes a force to suppress and confused the free will of people, but the judgment of the court below which acquitted the defendants of this part of the facts charged is erroneous in the misapprehension of facts.

B. According to the evidence, such as the victim F’s statement of statement, etc., the court below found the defendant Gap not guilty of this part of the charges even though the defendant Gap acknowledged the fact of threatening the victim by threatening the victim.

2. Determination

A. Defendant A (A, 31, n, n) of the facts charged in the instant case is a foreign worker who entered Korea with the status of stay for employment visa (VIA-H2) from Uzbekistan on February 22, 2012, and Defendant B (the 40 years old and south) is a person operating a human resources supplier in the trade name of “C”, and the Defendants are persons with internal relations.

1) On October 19, 2016, Defendant B, with the trade name of Defendant A, who is his internal female, prepared a letter of undertaking to transfer 10 workers, such as Kazak-stan’s nationality, F.F. (n., 27 years old and female) with the same company (hereinafter “H”), under the trade name of “C” with Defendant A, to the manufacturing factory of the GwangjuHanam Industrial Complex, after being recommended by the National Tax Service to discontinue its business due to the default of value-added tax, and subsequently, to transfer 10 foreign workers (10 foreign workers transferred to G) who have been providing human resources to the company in Gwangju Mine-gu. The Defendant B around that time registered the business name of “H” as the representative of Defendant A with the head of the Seo-gu District Tax Office and resumed the human resources supply business (10 foreign workers transferred to G).

Thus, the defendant A around 22:30 on October 29, 2016.