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(영문) 대구지방법원 포항지원 2020.03.26 2020고단46

공갈미수

Text

The punishment of the accused shall be set forth in six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who served as an employee at Cju station operated by the Victim B (year 61) from May 1, 2017 to May 29, 2018.

The Defendant, on the ground that the victim gave 6 million won of overdue wages to the Defendant and did not provide the remainder of 20 million won, sentenced the victim to receive KRW 20 million from the victim, stating that “I will report the fact that the oil to be paid with the fuel subsidies in the C gas station is limited to the personal vehicle of the cargo vehicle.”

On August 22, 2018, the Defendant called the victim at a mar address not exceeding 200,000 won per each time, and called, “Is the President’s news article to be reported to the driver,” and called, “Is to be reported to the tax office and the low viewing road traffic and to be reported to the victim.” On the same day, the Defendant called, “Is to be reported to the President.” On the same day, Is to be 20,000 won per 3.0 won per 2.0 won per 3mph. The Defendant died. Is to be reported to the victim from August 28, 2018, which read, “Is to be reported to be reported to the owner by means of telephone and text message.” From that time, Is to August 28, 2018, Is to be reported to the victim as if I reported the victim’s illegal act.”

As above, the Defendant attempted to attack the victim and receive KRW 20 million from the frighten victim, but did not respond to the victim, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. The application of Acts and subordinate statutes to each recording book, each text message, and written agreement;

1. The punishment of imprisonment with prison labor under Article 352 and Article 350 (1) of the Criminal Act, which is applicable to the relevant criminal facts, and the choice of punishment. The details and methods of the crime, the fact that no agreement is reached with the victim, and special robbery, etc.