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(영문) 수원지방법원 2014.06.11 2012고단5384

정보통신망이용촉진및정보보호등에관한법률위반등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. Around July 2011, the Defendant introduced the victim C with a view to introducing the land, etc. owned by D, and accordingly, a sales contract for the land, etc. was concluded between the victim and D. Accordingly, the Defendant requested the victim to pay approximately KRW 100 million for landscaping, trees, etc. on the land, but refused the payment of KRW 100 million.

Accordingly, the Defendant sent a text message from February 16, 2012 to the victim’s mobile phone at around 18:00, stating that “I am am am am am dyerma and evidently dyely dye am sye am sye hye,” and received a text message from the victim’s mobile phone from February 12, 2012 to February 11:26, 2012, stating that I am am fye 15 times as shown in the [Attachment] List of Crimes (1] from February 12, 2012 to February 20, 2012 to the victim’s mobile phone, and received KRW 20,000,000 from the victim who am fye am to his own account.

In this way, the defendant took property from the victim.

2. 불안감 등 유발 문자메시지 반복 도달 피고인은 2012. 3. 2. 11:52경 피해자의 휴대전화로 ‘이럿게가지하지안으려고 햇는대 학교인터넷에 몃자 올려볼가요’라는 내용의 문자메시지를 보낸 것을 비롯하여, 2012. 3. 2. 11:52경부터 2012. 3. 16. 08:25경까지 별지 범죄일람표(2) 기재와 같이 10회에 걸쳐 피해자의 휴대전화로 문자메시지를 보냈다.

In this way, the defendant repeatedly reached the victim with the language that arouses fear or apprehension.

Summary of Evidence

1. Partial statement about C of the seventh trial records;

1. Each prosecutor and police interrogation protocol of the accused;

1. Statement to C by the police;

1. Each text message (the sequence 23,31 in the evidence list);

1. The defense counsel held as to the defense counsel’s assertion of deposit certificate (Evidence Nos. 25) and the defendant around February 20, 2012.