손해배상(기)
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
1. Facts of recognition;
A. The Plaintiff and D were living together from April 2016, and completed the marriage report on October 7, 2016.
E is the father of D, the mother of Defendant B, and Defendant C is the ar.
B. E and the Defendants heard the horses from D that “the Plaintiff has a history of marriage, and I have a child to lend KRW 200 million to the Plaintiff,” and confirmed that KRW 168 million has been transferred from D’s account to the Plaintiff’s account, and requested the Plaintiff to prepare a loan certificate.
E and the Defendants were indicted for violating the Punishment of Violences, etc. Act (joint coercion), and were sentenced to a fine of one million won in Suwon District Court Decision 2017Ma2498, Defendant B was sentenced to a fine of one million won in the case of Defendant C, a fine of five hundred thousand won in the case of Defendant C, and a suspended sentence of five hundred thousand won in the case of E.
The appeal filed by a prosecutor but the appeal was dismissed, and the above judgment became final and conclusive October 27, 2018, and facts constituting the crime are as follows:
(hereinafter referred to as “instant criminal facts”). Defendant E, B, and C’s joint criminal conduct, Defendant E and Defendant E heard from D the words “the victim (a guardian) was married, and there was a baby,” and confirmed that the amount of KRW 168 million was transferred from D’s agricultural bank account to the victim’s account, with the victim’s statement that “the victim lent KRW 200 million to the victim’s account,” and then, the Defendants were willing to resist the victim and request the preparation of a loan certificate.
At around 22:00 on October 22, 2016, Defendants found at the victim’s house located in Suwon-si F, Suwon-si, and requested the victim to prepare a loan certificate of KRW 200 million, but the victim refused to do so. Defendant B, “I will report to the Office of Education,” and Defendant E will report the loan certificate to the Office of Education. “I will have “I will have to pay the borrowed money or use the loan certificate. I will have to attend the school. I will have to see whether I will be able to do so. I will have to do so, whether I will have to do so, or not to pay the borrowed money. I will have to do so.”