특정경제범죄가중처벌등에관한법률위반(공갈)
1. The defendant shall be punished by imprisonment for five years;
2. A seizured mobile phone shall be forfeited;
Punishment of the crime
While the Defendant instructed creditors of bond business operators, etc. to demand repayment of their obligations, from January 2008 to August 2, 2008, the Defendant got aware of the Defendant’s husband-child relationship between D and E, etc., with respect to the victim C, her husband-child, and her husband-child E, etc., led to the Defendant’s awareness of the foregoing influorial relationship, and was willing to have the victim’s wife and her family members known of such influorial relationship.
Therefore, the Defendant sent text messages to the police that, from July 2, 2013 to July 16, 2013, the Defendant pretended that he was his husband in Ansan-si as if he was his husband D, and thus, the Defendant sent the text messages to the victim, such as “I want to find out about five million won,” “I want to make a report to the police so that I can find out the wife of the party,” “I want to do so,” “I want to see whether I can do so,” “I want to do so,” and “I want to send five million won to the end.” On the other hand, the Defendant’s defect that the victim could not seek money, “I want to find out the phone number of the wife of the party,” “I want to find out the phone number of the wife of the party,” “I want to talk before the party’s house.”
On July 16, 2013, by sending text messages such as ‘', 50,000 won was remitted from the victim drinking, to the bank account in the name of F, his/her dependent, F, the Defendant’s wife.
In addition, from July 31, 2008 to September 2, 2013, the Defendant took 1,137,451,420 won in total from the victim over 118 times, as shown in the list of crimes, from around July 31, 201 to September 2, 2013.
Summary of Evidence
1. Defendant's legal statement;
2. Each prosecutor's office and police statement concerning C;
3. Records of seizure by prosecution;
4. Each prosecutor's investigation report (Submission of a detailed statement of remittance of the amount of damage and attachment of victim mobile phone messages);
5. Application of mobile analysis report statutes;
1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 350 of the Criminal Act for the crime;
2. Reasons for sentencing under Article 48(1)1 of the Criminal Act 1.