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(영문) 인천지방법원 2015.12.23 2015고단1788 (1)

폭력행위등처벌에관한법률위반(공동공갈)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant and C conspiredd the victim D(22 years of age) who had resided in the Dong D, such as the Defendant and C, to get the victim to get the loan and to borrow the loan.

피고인과 C은 위와 같이 공모한 대로, 2014. 5. 21. 06:30경 인천 남구 E 앞 노상에서, 학교를 가기 위해 집을 나서는 피해자를 불러 세워 “대출을 해 달라, 벌금 안내면 감방가게 생겼는데 안 도와 줄 거냐!”라고 말하였으나 피해자가 이를 거절하자, C은 피해자에게 “이런 씨발놈아! 만약 돈을 해주지 않아서 A하고 같이 감방에 갔다 오면 인생 막장이다. 개새끼야 내가 너를 가만두지 않겠다.”라고 소리를 지르고, 피고인은 이에 합세하여 “아 이런 씨발 형 좀 도와줘!”라고 소리를 질러 피해자를 협박하였다.

The Defendant and C, through such intimidation, took frightened victims at the office of the Incheon Southern-gu F and 201, Dong 201, and had the victims get a loan of 5 million won by calling to the “ smart mutual savings bank”, a lending company, and then let the victims withdraw 5 million won of the loan remitted to the national bank account in the name of the victim. The Defendant and C received the loan from the victim and got the victim back.

C continuously, at C’s house, the Defendant and C’s intimidation stated that “the bank for savings in the name of a lending company,” thereby having the victim borrow KRW 5 million from “the bank for savings in the name of a lending company,” and then had the victim withdraw KRW 5 million out of the amount of loans transferred to the national bank account in the name of a victim, and received it from the victim, and transferred the remainder four million won to the bank account in the name of the Defendant.

Accordingly, the defendant and C conspired with the victim and interfered with the victim and interfered with the victim's total of KRW 10 million.