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(영문) 대전지방법원 2017.02.03 2016고정386

공갈

Text

The defendant shall be innocent.

Reasons

1. The Defendant, while operating the Seoul Postal Co., Ltd.’s agency, agreed to integrate the victim E and the milk agency, the representative of the Seoul Postal Co., Ltd., which supplies only school meal milk, with the school meal milk supply and home around February 25, 2004, and operated the same business from around that time to February 2006.

On February 2, 2006, the Defendant found the victim on August 2013, 201 that the business partnership with the victim was de facto terminated, but did not prepare the termination agreement, and presented the same business confirmation document prepared around February 25, 2004, and claimed that the victim’s share 50% of Seoul U.S.D is owned by the Defendant, but the victim refused it, and thereby the victim rejected it, thereby getting the victim “any way”.

The defendant demanded shares to the victim as above, but the victim rejected it, received the tender documentation for the selection of the milk service provider at the Daejeon Elementary School from which the victim supplied the milk as school meal service around February 17, 2014. On February 2, 2014, the defendant received the tender documentation for the selection of the milk service provider at the Daejeon High School, Daejeon High School, which supplied the milk as school meal service, and around February 17, 2014, there is a joint place such as the defendant, the victim, and the victim, and the operator of the Seoul High Postal G agency, which is the mother to arbitration the dispute between the defendant, the victim, and the victim.

D. The Defendant paid KRW 50 million to the Defendant’s account at around 15:00 on March 4, 2014, when the victim does not comply with the foregoing, he/she saw that the victim would interfere with the school meal service operation of the victim, thereby causing damage to his/her property. The victim was transferred KRW 10 million to the Defendant’s account at around 15:00 on March 4, 2014.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and investigated by this Court.

① The Defendant and Seoul Postal Co., Ltd. operating a milk sales business under the name of “Seoul Postal H agency” are the trade name of “Seoul Postal D.”