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(영문) 수원지방법원 성남지원 2014.05.09 2013고단2723

공갈미수

Text

Defendants shall be punished by imprisonment for four months.

However, each of the above punishments shall be executed for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, with the knowledge of the fact that Defendant A’s former peter E took part of the money borrowed from Defendant A from her mother F (n, 46 years of age) and entertainment expenses, the Defendants, with the knowledge of the fact that she took part in the money borrowed from Defendant A, and sought to take money and valuables from the victim by using a spactic relationship between the victim and E.

Accordingly, Defendant A, from July 24, 2013 to Sungnam-si, called “H” Kaf, which was located in Sungnam-gu, Sungnam-si, as “E is the cause of lending 5,60,000,000 won of the payment,” and Defendant B, from around August 12, 2013, called “I would know about the difference between E and party, if I would not give the payment,” and Defendant B, from around August 12, 2013, called “I would know about the difference between E and party,” and Defendant B demanded money and valuables to the victim, such as “I would know about the husband and its children.” However, the Defendants, i.e., “I would know about the part of the husband. I would know about the money.”

As a result, the defendants conspired to withdraw money from the victim, but the victim did not respond to it and did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Application of each recording record, each caps and the Acts and subordinate statutes on photographics;

1. Relevant Articles 352, 350(1), and 30 of the Criminal Act; the Defendants’ choice of punishment and applicable Articles 352, 350(1), and 30 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants of the community service order: Article 62-2 of the Criminal Act