특정경제범죄가중처벌등에관한법률위반(공갈)등
The judgment of the court below is reversed.
Defendant
A Imprisonment for six years, Defendant B shall be punished by a fine of 5,00,000 won, and Defendant C.
1. Summary of grounds for appeal;
A. Regarding the public prosecutor (1) misunderstanding of facts and misapprehension of legal principles, the court below found the victim company's delivery of KRW 300 million to K on March 27, 2012 among the facts charged in the instant case, based on an agreement between the parties and thus, it was based on a business judgment to secure stable trade by raising the operation fund of the subcontractor company, and it was not delivered out due to Defendant A and B's intimidation. However, the above Defendants received money by restricting the victim company's freedom of decision-making or notifying harm to the degree that it interferes with the freedom of decision-making. Thus, the court below erred in misunderstanding of facts on the sole basis of the witness's statement without comprehensively assessing the whole statement.
Furthermore, as the judgment of the court below, even though the causal relationship between the victim company's property delivery and the intimidation by the above defendants is not acknowledged, the court below did not have judged whether the crime of attempted attempted crime was established ex officio. Thus, the court below erred by misapprehending the legal principles as to the determination of reduced facts.
(2) The sentence imposed by the lower court on Defendant A and C (two years of imprisonment and one year and six months of imprisonment) is too uneased and unreasonable.
B. Defendant A’s sentence imposed by the lower court is too unreasonable.
C. Defendant C’s sentence imposed by the lower court is too unreasonable.
2. The prosecutor of the indictment changes the indictment as stated in paragraph (1) of the facts constituting the crime in the previous indictment in the first instance. The Defendants concealed an important gold punishment among the gold punishment of the victim company kept in K on March 1, 2012, and told that the victim company will not be supplied with a terminal, and that the victim company will be supplied with a frighter.