beta
(영문) 부산지방법원 2017.12.22 2017고합101

공갈등

Text

A defendant shall be punished by imprisonment for two years.

11,651,927 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person who served as the president from March 1, 2012 to March 1, 2012, 201, as the vice president of “A” (hereinafter referred to as “I”) from around 2011 to “I”, and as the first president.

J is the president of K, L, and M, who is proceeding with the Busan NN (hereinafter referred to as the "O") as the chairperson of K, L, and M.

P is a person who serves as the director of the public relations headquarters of M.

Q is a person registered as L director as the head of RO, a contractor of theO.

S is a representative director of M, who is proceeding with J as a representative director.

[Criminal facts]

1. Suppression;

A. M apartment sales advertisement L obtained approval from the Maritime Affairs and Daegu Office on October 6, 2015 for the invitation of occupants to a total of 882 households of M apartment units. Before and after this approval, M apartment sales advertisement was placed in various media, including I and T in the Busan metropolitan area.

O-related advertising expenses are paid through U, an advertising agent selected by L around February 2013 as a media box such as a broadcasting station, newspaper company, etc.

B. The difference between T and I in the advertising cost of M apartment sales advertisement related to MM is the same quantity as T and I in relation to M apartment sales advertisement, and the total amount of the advertising cost under each advertising contract has been paid to T and I. However, due to the difference between T and I in the unit advertising cost (T (the advertising price of KRW 48,000) between T and I (the advertising price of KRW 36,000)), there was a difference in the total amount of the M apartment sales advertisement cost paid to I and T in excess of KRW 135 million.

Accordingly, the Defendant, who did not have an obligation to pay M to MI, received the difference in advertising cost depending on the unit price difference in the above 135 million won from M, and demanded M to pay the above 135 million won in addition to M under the pretext of supporting articles. Although M did not have an obligation to pay the above amount to M, the Defendant did not have an obligation to pay the above amount to M, which is part of KRW 135 million among the requested 15 million.