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red_flag_2(영문) 서울동부지방법원 2011. 12. 8. 선고 2011고단2376 판결

[폭력행위등처벌에관한법률위반(공동공갈)][미간행]

Escopics

Defendant

Prosecutor

Manana

Defense Counsel

Law Firm Cheongjin, Attorney Park Jong-dae

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Criminal facts

From January 209, when Nonindicted 1 got money to a large number of unspecified members of the Internet sports games, such as a axis, camping district, and deaf-gu, and then distributed money to them, the Defendant managed the withdrawal of money that members have remitted to the Defendant in operating the Internet gambling site where he distributes money to him, and Nonindicted 2 (Detention for Special Theft on October 12, 201) and Nonindicted 6 performed the work of withdrawing money to Nonindicted 1 through the Defendant at the direction of the Defendant.

As above, the Defendant established and kept a safe on the (building name and lake omitted) that leased money in the name of the Defendant located in the name of the Gangnam-gu Seoul Eastdong (Road Number 1 omitted), and Nonindicted 2 discovered that the operating profit of the gambling site is being kept in custody in the above (building name and lake omitted) and then, on August 28, 2010 with the victim Nonindicted 3 (year 31) on August 12:20, 2010, the Defendant stolen a safe of approximately KRW 4 billion operating profit of the gambling site, and the victim received KRW 570 million from Nonindicted 2 in return.

At around 19:00 on the same day, the Defendant confirmed LIV CTV (CCTV) from the above (the name of the building omitted) and confirmed the theft of money by the victim and Nonindicted Party 2, and instructed Nonindicted Party 1 to find out whether Nonindicted Party 1 was able to recover money by finding Nonindicted Party 4, a violent organization, by telephone. Accordingly, the Defendant found it to be the main point where the trade name of Nonindicted Party 4 in Gangnam-gu, Seoul, was unknown at around 21:00 on August 29, 2010, and asked the victim and Nonindicted Party 2 to the effect that “on the face of the finding money, Nonindicted Party 1 will take the occupation, telephone number, etc., of the victim and Nonindicted Party 2, and the phone number was called as “non-Indicted Party 4” and accepted it by making it known that the phone number is one of the principle of no taxation and taxation.

At around 15:00 on August 30, 2010, the Defendant, along with Nonindicted 4, sent the victim at the Newcheon-dong, Songpa-gu, Seoul (hereinafter omitted), and Nonindicted 4 threatened the victim with “whether or not Nonindicted 2 would have any money that he would bring.” On the same day, at around 16:00 on the same day, the Defendant was waiting for the victim in the corridor according to Nonindicted 4’s instructions, and Nonindicted 4 told Nonindicted 4 to raise the victim in the above (building name and lake omitted) and stated the victim at the above (building name and lake omitted) and said, Nonindicted 4 wanted to do so as to speak that it would not be opened later, and if you want to do so, I would like to talk with the victim that “I would have any money that would have been threatened by the victim.”

Accordingly, at around 18:00 on the same day, the Defendant, along with Nonindicted 4, moved the victim to the house of the victim located in Seongdong-gu Seoul Metropolitan Government (number 2 omitted), and took out KRW 54 million in which the victim received from Nonindicted 2 and used KRW 16 million, and delivered it to Nonindicted 1 through Nonindicted 2 via the person sent by Nonindicted 1 at the new station No. 2 in Gangnam-gu Seoul, Gangnam-gu, Seoul.

As a result, the Defendant conspired with Nonindicted 1, and shared with Nonindicted 4, and frightened the victim, and received KRW 54 million from the frighten victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. A copy of each prosecutor examination protocol against Nonindicted 2

1. Statement of prosecutorial statement on Nonindicted 3

1. A copy of each prosecutorial statement against Nonindicted 3 and 6

1. A copy of each protocol of suspect examination against Nonindicted 6, 3, and 2

1. A report of investigation and a copy of photograph;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) and Article 30 of the Criminal Act (Selection of Imprisonment)

Reasons for sentencing

Although the defendant is the first offender and is recognized as a substitute for the crime of this case, it is recognized that there are favorable circumstances such as the agreement with the victim, it is recognized that the crime of this case is committed, the nature of the crime and the circumstances of the occurrence of this case are not very good.

Judges Kang Sang-hoon