beta
(영문) 울산지방법원 2014.04.22 2014고정489

공갈

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 2012, the Defendant invested KRW 30 million in a private business operated by the victim C(39 years of age) through B, but the said business entity was unable to recover the investment money on the wind closed around July 2012, the Defendant got back the said KRW 30 million by waiting the victim.

Therefore, the Defendant, from the Hadman on July 2012 to October 19, 2012, did not pay the money to the victim as if he was the cause of organized violence, and did not pay the money to the victim and his family members.

At around 21:00 on October 20, 2012, the Defendant stated the victim’s “whether or not money has been paid.” The Defendant, “If money is not paid by October 23, 2013, he/she enters work by inserting all parents, women’s children, and women’s relatives, etc.” and frighted to the victim in the “sing room.”

As such, the Defendant said that “the victim, who frightened the victim and frightened, changed the key of the vehicle instead of paying the money,” and had the victim be placed with the key of the vehicle attached to the vehicle on the saf-in-house owned by the victim.”

Accordingly, the defendant was given property by threatening the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;