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(영문) 창원지방법원 거창지원 2017.01.18 2016고단438

상습공갈등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant habitually attempted to raise money from the victims under the pretext of advertising expenses, etc. by threatening the victims by filing a civil petition against the victims operating a construction business entity, etc. with the military office or by using articles unfavorable to the business entity, as if they were to be posted in newspapers.

On April 13, 2016, the Defendant transferred the Ka Center to E in front of the victims G (42 years old) operating the F Ka Center to this new building, and was aware of the fact that the Ka Center is operating without undergoing a completion inspection by the government agency, and received 300,000 won in cash from the victim who threatened him/her, and delivered 30,000 won in cash at the same place from March 25, 2009 to September 28, 2016, and received 3,040,000 won in total from the victims to 137 times in total, by threatening the victims to file a civil petition with the competent government agency or publish an unfavorable article in newspapers, such as the list 1 second in the list of crimes.

Accordingly, the defendant received property by habitually threatening victims.

2. The Defendant, on November 9, 2015, borrowed money to the victim H in 30-16, i.e., gold f., the Gannam Development Group around 17:56 on November 9, 2015.

“.....”

However, at the time, the denial of the defendant was not hospitalized at the hospital, and the defendant did not have any intent or ability to pay the money even if he borrowed money from the injured party due to no particular income or property.

Ultimately, the Defendant, as above, deceiving the victim as above, received KRW 1,500,00 from the victim, and acquired it by defraudation, and as well as the crime list 2. from May 21, 2009 to October 10, 2016.