폭력행위등처벌에관한법률위반(공동강요)
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal by the prosecutor is that the victims are the Embezzlement's family members and there is no reason to voluntarily prepare a statement of performance that is unilaterally unfavorable to them, barring any special circumstance, the Defendants requested the victims to prepare a statement of performance of payment with criminal complaint or civil litigation loan. The Defendants' actions are not only restricted or interfered with the victims' decision-making or freedom of execution, but also cannot be accepted by social norms as illegal self-help. However, the court below erred in the misapprehension of facts or by misapprehending the legal principles, thereby acquitted each of the Defendants.
2. The summary of the facts charged is the representative director of G Co., Ltd. (hereinafter “G”), and Defendant B is the person who serves as the chief director of H Co., Ltd. (hereinafter “H”) (I and J).
While performing the general affairs and fund execution affairs of H using the office located in the same building as G accounting personnel, it was discovered that from December 12, 201 to February 2014, H’s corporate funds were reduced to KRW 400 million and used individually, such as repayment of personal debt, borrowed goods shopping, etc. The Defendants, I, and J heard the statement that K used part of the embezzled money for its family members, and had the mind to receive the amount of damage from K’s family members instead of K with no ability to repay.
From February 19, 2014 to 22:00, the Defendants, at the first floor office in the Ma building with G and H offices located in Songpa-gu Seoul Metropolitan City L, posted the victim N, the mother of K and K, the victim P, the female her mother, and the victim P, the male and female her male and female, as the above office, to the victims, and the Defendant A, “K gave 10 million won with the money embezzled by K in the East East Simb, and the gift also exceeded five million won;
The repayment of money is made to the families in Korea.