(a) Violation of the Punishment of Violences, etc. Act;

(b) Injury caused by confinement;

(c) Fraud;

(d) Attempted crimes;

(e) Magion;

2.(a) B

Defendant A was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (the composition and activities of an organization, etc.) at the Gwangju High Court on January 31, 2008, for three years and six months, and completed the execution of the sentence on October 10, 2010, and on June 24, 2008, Defendant B is a "Fmp wharf" which is a violent organization, and Defendant B was sentenced to imprisonment with prison labor for an injury at the Changwon District Court on June 25, 2009 and completed the execution of the sentence on September 30, 2010.

[2013Gohap685]

Defendant A purchased the shares of H, a company listed on KOSDAQ (hereinafter referred to as “H”) through the introduction of his employee of the private company, and was deemed to have been damaged by such purchase, and the victim K (L, 39 years old) was aware of the existence of an organized member of H’s violent organization among H’s employees through the victim J (48 years old). Defendant A, upon the lapse of KRW 400,000 shares owned by the Defendant from the victims, guaranteed the return of KRW 400,000 per share of the above shares, and guaranteed that the said shares were sold to K, and the victim J. (hereinafter referred to as the “victim”). However, the victim, who was aware of the decline of H’s share and promised to engage in the said investment, did not appear to have been aware of the fact that there was an oral order from the victim to engage in the said investment. Meanwhile, Defendant A did not appear to have made an oral order from the victim to engage in the said investment.

1. Defendant A’s fraud

On January 27, 2013, the Defendant made a false statement to the victim J, “When intending to attach a thief, with a view to intending to attach a card game, 200 million won is needed.” D is able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to be able to have been able to be able to be able to be able to be able to be able to be able to be able

On February 1, 2013, the Defendant: (a) by deceiving the victim as above; (b) received cash of KRW 20 million from the singing room located in the Gangnam-gu Seoul Chungcheongnamdong; and (c) around February 2, 2013, the Defendant received KRW 180,000,000,000 from the Defendant, in total, KRW 180,000,000,000 from the ecuas car parked near the calendar station located in Gangnam-gu Seoul, Gangnam-gu, Seoul around February 2, 2013.

As a result, the defendant deceivings the victim and received a total of KRW 200 million as a loan for the operation of gambling places.

2. Violation of the Punishment of Violences, etc. Act (collective confinement with deadly weapons, etc.) by the Defendants, and injury resulting from confinement of the Defendants A;

On January 2013, Defendant A, through P, the president of the Gangnam-gu Seoul N'O (Seoul N'O), who is aware of the fact, leased the down payment of KRW 3 million and KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,000,000).

Defendant B instructed R to prepare for committing a crime, such as string, locking, locked, sprinking, and spack tape, etc., at his office located in Chang Sea-gu, Changwon-si, on February 1, 2013. On February 23, 2013, R instructed R to prepare for the crime, such as string, blue tape, string, string, and strings, etc., at the trade string in Jinhae-gu, J. Pursuant to the above direction, R instructed R to prepare for the crime at the trade string in Jinhae-gu, Jink-gu, Seoul. On February 2, 2013, R to purchase the strings, locks, hrings, locks, etc., and to purchase the strings, strings, strings, strings, and so on.

Defendant A continued to use only one mobile phone (one-name mobile phone) for the above crime, and called “A” and “Arhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

R, U, V, and S around 15:00 on February 3, 2013, entered the Defendant’s phone and kept 'O', which is the place of committing the crime, and R had prepared in advance stored 'O' in a black plastic bag in the 'O' camera. The Defendant A stored R, U, V, and S with one person in the front, and 'O' in the front of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back.

At around 20:00 on February 3, 2013, Defendant A instructed the victim to "sweak the gambling site in advance" and "the victim was arrested by Jper" on the ground of "O's Kaf-ro and studio" and "S". U threatens threatens the above knife of the victim's knife on the part of the victim's knife, V, and S cannot put the victim's knife with their own arms. R knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

When Defendant A complained of a difficulty in hiding the knife of the victim’s knife the knife of the knife of the victim, Defendant A set off the knife of the victim’s knife of the knife, knife the knife of the victim’s knife with knife with knife with knife with knife with knife with knife with knife, and knife with knife with knife with knife with knife with knife and knife with knife with knife, knife with knife with knife with knife, knife with knife with knife with knife with knif.

After all, Defendant A proposed that Defendant A will leave the above "O" car page and the victim's ‘Y' (referring to murder or injury) work, but refused it, the victim forced the victim to get into the above X YFxian car prepared in advance to R, U, V, and S. In accordance with Defendant A's instructions, Defendant A operated the above small-scale car in shift from S and R, and V, U was a place where Defendant A would place to detain the victim who had been placed in advance in front of the back seat and left the victim so that the victim could not escape. At around 01:45 on February 4, 2013, Defendant A opened the above small-scale vehicle under the influence of the victim's surveillance such as R and R, etc. and went into the back door.

As a result, in collusion with R, U, V, and S, the Defendants possessed a blade, which is a deadly weapon of about 5 to 45 minutes from the above 'O' to the above 'O', and detained the victim in the above Kafa and car. At the same time, in collusion with the above Ra, U, V, and S, the Defendant A suffered injury, such as the closure of the first Gafa, non-the Gafa in which the victim needs to be treated for about 6 weeks of treatment by using violence in the process of detaining the victim as above.

3. Defendant A’s attempted assault to the Victim K

The Defendant did not receive the money promised to 400,000 shares H with the Defendant’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s Ha’s 400,000 shares and sought a written confirmation of compensation for 40,00 shares

A. On February 2013, 2013, the Defendant choiceed L from the mutual infested telecom in Seoul, Chapter 4, one of the four pages L n k k k k k k k k k k k k k k k k k k kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn kn.

By February 29 of this month, a letter stating the purport that the remaining life in the Republic of Korea would be 1.2 billion won will be arranged for the remaining life in the Republic of Korea, and around that time, by sending the victim by registered mail in the name of 1-4 AD of Sungnam-si AC Building at the Seoul Gangnam-gu Seoul Metropolitan Government Office around that time, and thereby threatening the victim, thereby threatening the victim, and 1.2 billion won from the drinking victim, but the victim failed to comply with it.

B. On March 29, 2013, the Defendant: (a) prepared a letter stating “IE, AD, and Y” to L, in Chapter 3, that “IE, IE, and H are not the first Z, AD, and Y; (b) the remainder of “IE, AD, and H are as far as I do not receive compensation due to H damage”; and (c) the last part of “IE, IE, ID, and H” is only one of all methods available within the Republic of Korea on April 1, 2013 when the Defendant was aware of KRW 2.7 billion deposit by March 29, 201; and (d) prepared a letter stating “IE, AD, and H” to the effect that IE were removed from the Republic of Gangnam-gu Office Seoul High Court, but did not respond to the request by the victim to the request by the victim of the registered building on March 21, 2013.

다. 피고인은 2013. 5. 하순경 서울에 있는 상호불상의 모텔에서, A4 용지 2장에 「L에게! 너희들이 AD에서 사퇴를 하였다고 쑈를 부리고 있다마는 ..... 내 남은 모든 인생을 걸고(너희들이 상상조차도 할 수 없는 방법으로) AD과 AE을 칠 것이니 …... 더는 나를 시험하지 말기를 바란다」 라는 취지의 내용을 기재한 편지 1부를 작성하여, 2013. 5. 28.경 성남분당우체국에서 성남시 분당구 AC빌딩 1~4층 AD 앞으로 등기우편으로 발송함으로써 피해자를 협박하여 이에 겁을 먹은 피해자로부터 액수 불상의 금원을 갈취하려 하였으나, 피해자가 이에 응하지 않아 미수에 그쳤다.

[2013Gohap1391]

4. Defendant A’s attack

The defendant around February 2006 sold AI Co., Ltd., a ship recycling company located in the Gwangju Mine Corporation, where his wife AG, etc. is the representative, for one billion won to the victim AJ (60 years of age).

However, the defendant, from February 2006 to March 2, 2006, occupied the second floor office of the above factory without any justifiable reason, and prevented the victim or factory employees from entering the second floor, and forced the victim or factory employees to enter the 3 to 4 persons who seem to have been organized violence each day, and forced the defendant to take 90 persons to be 90 degree of organized violence. At the same time, the defendant puts 100 persons presumed to be organized violence that occurred in the whole country with a view to recruiting agents nationwide, and threatened the victim by an implied method for about 2 months.

Although the victim took over the above factory, he was aware of the Defendant as Fmph 2, and demanded the Defendant to take a fry, and did not report it to the police. On April 2, 2006, the Defendant demanded the Defendant to take a fry office, or did not report it to the police. The Defendant received KRW 300 million from the first floor of AI factories, a corporation located in the Gwangju Mine-gu AH Corporation around 13:00 on April 2, 2006.

On July 5, 201, the Defendant, around 10:30 on July 5, 201, lent money to the AL Office operated by the victim in AK, and, if so, the Defendant said that 300 million won will be repaid after one month in addition to 300 million won prior to the lending of money to the victim. If the victim refuses the demand without complying with it, the Defendant appeared to have the same attitude to cause any danger and injury.

As such, the Defendant received 15 million won cashier's checks from the victim who frightened frighting on the ground that she is the leader of a violent organization.

5. Defendant A’s attempted cooperation with the victim AM;

On November 5, 2012, the Defendant sent to the victim AO hotel (58 years old) located in Nam-gu in Gwangju metropolitan area, and to the victim AM (58 years old) who is an Fmp adviser, a 240 million won within two weeks, a letter of intimidation that he would not be discriminated against not only the victim but also the victim in a wedding hall, A0 hotel, etc., which he operates. However, the Defendant attempted to take money from the victim. However, the Defendant failed to comply with it and failed to do so.

Summary of Evidence

【One point in the market】

1. Defendant A’s legal statement

1. Statement to the Prosecutor's Office;

1. AP's written statement;

[The second point in the market]

1. Defendants’ respective legal statements

1. Each prosecutor's interrogation protocol of R, U, V, and S;

1. Statement to the Prosecutor's Office;

1. Statement of the police about P;

1. Police seizure protocol (Evidence Nos. 33 of evidence in 2013 Highly 685);

1. Investigation report (Submission of a written diagnosis of injury by the victim);

[No. 3]

1. Defendant A’s legal statement

1. Each police statement to K;

1. Letters of intimidation, Internet posts, and notarized materials;

1. Investigation report (a suspect A-written attachment of a copy of a letter);

[No. 4]

1. Defendant A’s legal statement

1. Each police statement of AJ, Q and R;

1. The certificate of borrowing;

1. A copy of a cashier's check attached to a criminal investigation report (attached materials);

[No. 5]

1. Defendant A’s legal statement

1. Statement made by the police to AM;

1. A copy of a letter sent by the suspect to the victim;

【Prior Records at the Time of Sales】

1. Each criminal record;

1. Investigation report (report on the confirmation of the release of a suspect against A and B);

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendants: Articles 3(1) and 2(1)2 of the Punishment of Violences, etc. Act, Articles 276(1) and 30 of the Criminal Act

B. Defendant A: Article 347(1) of the Criminal Act; Article 281(1) main sentence of Article 281(1), Articles 276(1) and 30 of the Criminal Act; Articles 352 and 350(1) of the Criminal Act; Article 350(1) of the Criminal Act (the attempted crime of extortion)

1. Commercial competition;

Defendant A: Articles 40 and 50 of the Criminal Act (the crime of violation of the Punishment of Violences, etc. Act (the custody of a group, deadly weapon, etc.) and the crime of bodily injury resulting from confinement, and the punishment imposed on the crime of violation of the Punishment of Violences, etc. Act (the punishment imposed on the crime of confinement

1. Selection of punishment;

Selection of each imprisonment with prison labor for the crime of fraud, attempted threat, and robbery

1. Aggravation for repeated crimes;

Defendants: each of the Defendants: Article 35 of the Criminal Act (However, the proviso of Article 42 of the Criminal Act shall apply to the Defendants’ crimes of violation of the Punishment of Violences, etc. Act (collectively, deadly, etc.)

1. Aggravation for concurrent crimes;

Defendant A: the former part of Article 37, Article 38(1)2, Article 50, and the proviso to Article 42 of the Criminal Act [a person who commits concurrent crimes with punishment prescribed by the Punishment of Violences, etc. (Crimes of Violation of the Punishment of Minor Acts, etc. with Severe Punishment)]

1. Discretionary mitigation;

Defendant B: Articles 53 and 55(1)3 of the Criminal Act (The following conditions of sentencing)

Reasons for sentencing

1. Defendant A

(a) The scope of punishment by sentence: Imprisonment for not less than two years and not more than 50 years;

(b) Scope of recommending sentence: Imprisonment for not less than three years; and

1) Fraud: Imprisonment with prison labor for not less than ten months and not more than two years and six months;

[Types of Crimes] Frauds, general frauds, and amounts of not less than KRW 100 million but less than KRW 500,000

[Special Mitigation Measures] Where the victim is fully responsible for the occurrence of a crime or the expansion of damage;

[Selection of Recommendation Area] Reduction Area

2) Crimes of conflict: Imprisonment with prison labor for not less than three years and not more than seven years;

[Types of Crimes] Assaults, General Collaborations, 100 million won to 500 million won

[Special Aggravationd Elements] Where the Criminal Code is very poor

[Selection of Recommendation Area] Aggravation

3. Results of aggravated punishment: Imprisonment with prison labor for not less than three years and not more than eight years and not more than three months; and

4) Scope of modified recommendation: The crime of violation of the Act on the Punishment of Violence, etc. (a collective, deadly Weapons, etc.), confinement, bodily injury, and attempted attempts to commit an act of violence, etc. in which the sentencing criteria are not set, and the crime of fraud and the crime of extortion with the sentencing guidelines set forth in the former part of Article 37 of the Criminal Act are concurrent crimes. Therefore, only the lower limit of the recommended sentencing guidelines (three

(c) Determination of sentence: Imprisonment for 5 years; and

As long as Defendant A recognized all of the crimes of this case and against his mistake, and in the case of the fraud crime against the victim J, the victim was aware that the above victim was operated with illegal funds of operation of gambling place, and was given money to Defendant A, the fact that the above victim was fully responsible for the occurrence of the crime is favorable to Defendant A.

However, Defendant A, as an organized violence crime of this case, had the record of being punished several times by violence, etc. prior to the crime of this case, and committed four times among them. In particular, even though the execution of imprisonment was completed on October 24, 2010 as stated in the first head of the crime of this case and was for repeated crime period, Defendant A acquired KRW 200 million from the victim J as a fund for gambling operation, and Defendant A received money and valuables from the victimJ as well as had the victim prepare tools necessary for confinement and carry a knife, which is a deadly weapon, through Defendant B, and had the victims prepare tools necessary for confinement, and had the victim carry a knife, which is a deadly weapon, before the crime of this case was committed. Defendant A committed a very planned and cruel crime by not only the victimJ, but also the victim's withdrawal from the victim's money and valuables, and also the victim's money and valuables were not recovered from the victim's 100 million won.

In addition to these circumstances, the sentence shall be determined as per the Disposition, taking into account all the sentencing conditions shown in the instant argument.

2. Defendant B

(a) The scope of punishment: Imprisonment with prison labor for not less than one year but not more than 25 years;

B. Determination of sentence: (a) Defendant B, as a organized violence crime, has a number of criminal offenses by violence, etc.; and (b) despite the completion of the execution of imprisonment on September 30, 2010 and the period of repeated crime was in existence on September 30, 2010, going to the instant crime is disadvantageous to Defendant B.

However, the facts that Defendant B recognized all of the instant crimes and reflected, and Defendant B introduced R, U, V, and S to Defendant A, and did not directly engage in the act of committing the crime of confinement against the victim J. As such, the degree of his participation should be considered in light of the circumstances favorable to Defendant B.

In addition to these circumstances, the sentence shall be determined as ordered within the scope of the sentencing sentence in which discretionary mitigation is conducted, taking into account all the sentencing conditions shown in the instant argument.

It is so decided as per Disposition for the above reasons.

Judges Lee Jae-sik

Judges Ooman