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(영문) 서울중앙지방법원 2014.10.10 2014고단4814

폭력행위등처벌에관한법률위반(공동공갈)

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.

Two (No. 1) of seized substitute bags.

Reasons

Punishment of the crime

1. All of the Defendant A is a person who works for a loan brokerage company G with a loan brokerage company that operates the victim F (58 years of age) from November 2012 to May 2014 as a business director, and Defendant B is a person who is engaged in his own business.

2. On April 2014, the Defendants came to know of the fact that the Seoul Regional Police Agency Cyber Investigative Team is investigating the victims of the violation of the Personal Information Protection Act, and the Defendants were willing to gather money from the victims by threatening the victims to provide the victims with evidentiary materials as if they were to the police.

Accordingly, around April 9, 2014, Defendant A confirmed the police investigation status of the victim through the employees of the victim operation company, etc., and instructed Defendant B to be subject to intimidation to the victim. Defendant B, at the vicinity of the Seoul Gwangjin-gu Seoul Special Metropolitan City, threatened the victim F with phone calls to the victim F and provided the victim with “1.2 billion won in cash if he does not submit any material unfavorable to the police”, and from the same day to the 22th day of the same month, Defendant B threatened the victim with the above purpose by telephone over 11 times as indicated in the attached list of crimes in Seoul Special Metropolitan City, Gwangjin-gu, Songpa-gu, and Sungnam-gu, Seoul Special Metropolitan City. On the 11th day of the same month, Defendant B sent a document containing personal information managed by the victim’s employees as the office located in Hteltel in Songpa-gu Seoul Special Metropolitan City, and provided the victim’s personal information-related files to G at the 14th day of the same month to the police department’s attitude that contained the victim’s unlawful act.

As a result, the Defendants jointly threatened the victim and received 1.2 billion won from the drinking victim, but the victim.