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(영문) 의정부지방법원 고양지원 2014.11.20 2014고정796

공갈

Text

The defendant shall be punished by a fine of KRW 1,000,000. If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The defendant worked as the head of the construction site of the F building in the Gyeonggi Kimpo-si, which was jointly constructed by C, D, and E, and the victim G is the wife of D and C, the joint owner of the building.

In order to disclose the relevance to this case by the victim G, part of the facts charged ex officio without changing the indictment according to the results of the examination of evidence shall be changed.

around October 5, 2011, the Defendant: “A around October 5, 2011, the Defendant reported to C on whether to reclaim wastes to the construction site, and the fact that waste was buried to the construction site to the Kimpo-si, thereby preventing the completion of construction.” The same month.

6. Around 19:54, a text message was sent to C to the effect that “brine wastes are thrown away.”

At around 14:00 on the 10th day of the same month, the Defendant requested the victim G to demand KRW 3 million and received KRW 3 million in total from the victim, who was frighten at the end of the above Defendant, in the process of agreement with the victim, knowing the above facts, and received KRW 3 million in total from the victim who was frighten at the end of the above Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness C and G;

1. The defendant and his defense counsel asserts that the defendant and his defense counsel merely received wages that the defendant would have to receive by legitimate means, and that they do not violate by threatening the victim.

According to the evidence duly adopted and examined by this court, the Defendant was the on-site leader of H in Gyeonggi Kimpo-si in 2008 and the construction of the F building was carried out by H as the owner of the F building. However, upon suspending the construction, the Defendant continued the construction as the owner of C, D, and E directly in around 2010, and the Defendant promised to pay wages of KRW 15 million that was not received from H to the Defendant. After the instant case, the Defendant filed a lawsuit against C with the owner of the F building at KRW 12 million.