특정경제범죄가중처벌등에관한법률위반(공갈)
Defendants are not guilty. The summary of this judgment is publicly announced.
The request of the applicant for compensation shall be dismissed.
1. The summary of the instant facts charged is that the Defendants worked in M&A Co., Ltd. (hereinafter “instant company”) which is a KOSDAQ-listed company from March 30, 2016 to October 31, 2016. Defendant A took overall control of the fund execution, etc. of the said company as the chief executive officer (the vice president), and Defendant B was the auditor.
During the process of performing the duties of the above company, the Defendants came to know that the victim H (39) who is the representative director of the above company came to know of the embezzlement of the company funds, and Defendant A submitted a petition to the Seoul Southern District Prosecutors' Office to the effect that around September 2016, Defendant A requested the Seoul Southern District Prosecutors' Office to investigate the alleged embezzlement of the victim.
After that, when the injured party becomes aware of the above petition, the defendants suffered conflict with the injured party, and their location in their company was weak and their progress had been proceeded.
When the investment attraction plan of 10 billion won was not made by the victim, it decided to retire from the above company.
On October 27, 2016, the Defendants conspired to collect money from the victims using the victim’s awareness that the victims would be able to raise the price of the said company with the interest of investors by inviting 10 overseas Koreans and 10 foreign countries and foreign language, and by publishing a technological demonstration and global project plan (hereinafter “technology demonstration”) to announce the new technology demonstration and global project plan (hereinafter “N”).
Accordingly, around October 21, 2016, Defendant B submitted a petition to the prosecutor's office for the corruption of H's corporate fund execution, etc. before the victim's "P" convenience store located in the S apartment distance of Gangnam-gu Seoul Metropolitan Government O apartment.
By October 24, 2016, B and the vice president A shall pay one billion won each, respectively. If so, all the appeals submitted to the prosecution will be withdrawn.
“The victim demanded money to the effect that it was “,” and the victim consented thereto.
However, on October 24, 2016, the victim first mentioned the Defendants around October 24, 2016.