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(영문) 청주지방법원 충주지원 2013.07.05 2013고단72

공갈미수

Text

A defendant shall be punished by imprisonment for six months.

However, 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 February 201, the Defendant, as a person engaged in a construction business, was aware of in the process of constructing a new loyalty point on the 4th floor E on the land owned by the victim C around February 201.

On February 2, 2011, the Defendant continued to construct a new building according to a new building construction contract with the victim of the cost of KRW 295,000,000,000 (Additional Tax), and had extended an additional warehouse that is not designed for the lower part of the building, and had the victim receive money from the competent authority as if he reported the illegal building to the competent authority.

From July 4, 2012 to July 9, 2012, the Defendant sent the cell phone text messages to the victim five times, thereby threateninging the victim to receive KRW 10 million from the victim who received the report of an illegal building and could receive KRW 10 million from the competent administrative agency, which is likely to interfere with business due to the victim’s failure to comply with the request, even though the victim was unable to receive KRW 1,00,00 from the victim who received the report of an illegal building and failed to comply with the request.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Each prosecutor's office and police statement concerning C;

1. A certified copy, etc. of the register (including evidentiary materials and photographs of intimidation);

1. Evidential documents;

1. Reasons for conviction of each investigation report (report on the submission of a copy of the first written estimate submitted by the complainant and the submission of the remittance details of the construction cost as the complainant);

1. The defendant's assertion;