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(영문) 서울중앙지방법원 2018.05.29 2017고합1218

특정경제범죄가중처벌등에관한법률위반(공갈)등

Text

1. Defendant A shall be punished by imprisonment for not less than three years and six months;

40,235,450 won shall be additionally collected from the defendant.

(b) the defendant;

Reasons

Punishment of the crime

Criminal facts are recognized ex officio as follows to the extent that the identity of the facts charged is recognized and there is no substantial disadvantage in guaranteeing the accused’s right of defense:

Defendant

A From May 2008 to May 201, 2017, A is reappointed to 19,20,21 of E (hereinafter referred to as “E”) established by D Act (hereinafter referred to as “D Act”) and has overall control over its business and affairs.

Defendant

B as a member of E, from June 2006 to May 2009, from August 2012 to June 2014, 2014, as the representative director of F Co., Ltd. (hereinafter “F”), a subsidiary in which E holds 100% of the equity shares, respectively, and has overall control over its business and its business according to the direction of Defendant A.

Defendant

C is serving as the representative director of G Co., Ltd. (hereinafter referred to as “G”) who operates the scrap metal wholesale business, and has been performing his/her business and business.

E is a legal organization established under D law enacted by Law H around December 31, 1973, and is a non-profit incorporated association under the supervision of the National Police Agency, having retired police officers as its regular members and incumbent police officers as honorary members.

E is aimed at contributing to the peaceful unification and the protection of liberty among its members (Article 1 of the same Act) by promoting friendship among its members and raising the spirit of mutual aid (Article 1 of the same Act). To achieve this objective, E is ① projects to promote the welfare of its members and to enhance their rights and interests, ② projects to cooperate with and support public peace, ③ projects to strengthen friendship with related foreign organizations, such as foreign E, etc., ④ projects to foster and promote the system of free democracy and the spirit of national defense, ④ scholarship projects for its children, ⑤ projects to foster friendship through mutual aid among its members, ⑤ projects to promote friendship among its members, and projects prescribed by the articles of incorporation as profit-making projects for the implementation of the above projects and incidental projects (Article 3-2 of the same Act). In particular, E may engage in political activities provided for in Article 5 (4) of the D Act.