beta
(영문) 부산지방법원 2014.01.08 2013고정5488

공갈미수

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 11:00 on August 3, 2013, the Defendant made a phone call to the victim B, and threatened the victim B with “I will receive the Defendant’s franchis credit number franchis, you will receive the Defendant’s franchis credit number, I would like to keep the Defendant’s franchis with the her husband, and to receive the Defendant’s franchis for two years more than 200,000 won each month.”

The Defendant, as such, attempted to attack the victim and receive money from the frighten victim, but the victim refused to do so and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant provisions of the Criminal Act and Articles 352 and 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;