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(영문) 전주지방법원 군산지원 2018.06.15 2017고단1154

감금등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, as a construction business operator, concluded a construction contract with the victim to complete the new construction work of E, which is operated by the victim C victim D (49 tax) in the Gunsan City, in the construction cost of KRW 135 million, and subsequently, performed the construction work of the said automobile industry building from October 28, 2016 to January 20, 2017.

Although the Defendant spent construction costs more than the originally anticipated amount while performing construction work, the Defendant did not amend the contract to the effect that the victimized person would increase the construction cost, and did not receive money in return for the name of labor cost, material cost, etc. by threatening the injured person.

1. On March 23, 2017, the Defendant left the victim on the street in front of the Sungsan Dosan-si, Sungsan-si, Masan-si. The Defendant: (a) induced the victim to a defect in the construction cost issues by entering a coffee in the nearby coffee shop; (b) shipped the F Defendant into the car; (c) departing from the car to the west Highway through the Militarysan-IC and did not bring the victim out of the said car for about seven hours until 22:00 on the same day.

Accordingly, the defendant detained the victim.

2. On March 23, 2017, the Defendant had a different section from the private expressway on March 23, 2017

In the Defendant’s franchise as set forth in paragraph 1, the Defendant threatened the victim, “I will die and die as it will no longer grant the construction cost,” “I prepared gasoline and gas supply in the vehicle,” and “I will return money promptly by telephone to theG,” and received KRW 54.9 million from the Defendant’s agricultural bank account (H) in the name of the Defendant.

Accordingly, the defendant received property by threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the laws and regulations on police statements made to I, D, and J

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;