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(영문) 창원지방법원 밀양지원 2014.03.21 2013고합42

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[2013Gohap42]

1. Around July 2009, the Defendant, in the name of money invested in Changpo-ri land, had a large amount of money from the adult amusement room located in Nampo-gu, Busan, to the victim C with real estate investment, etc., and had a high-priced external motor vehicle on the part of the victim, which was on the part of the victim, to show a high-priced external motor vehicle on the part of the victim, and had an internal relationship with the victim.

On July 2009, the Defendant recommended the victim to make an investment in Lestop in the Seo-gu, Seo-gu, Busan to the effect that “The amount of compensation is expected to be three times the investment amount to be paid to the Defendant in order to expropriate the land in Chang-gu, Seo-gu, Busan in the Republic of Korea from the Korea Tobacco and Ginseng Corporation,” and “the Defendant also has invested a large amount of money in the aforesaid Chang-ri land, and if the victim invested money, he would purchase the land to be expropriated and receive compensation within six months after the investment.”

However, in fact, there was no plan to expropriate land in the Korea Tobacco and Ginseng Corporation. The Defendant transferred most of the invested money from the victim to the account in the name of the Defendant’s wife and the account in the name of E, his wife, and some of the money was invested by the victim, such as the repayment of the amount of fraudulent damage to F or the repayment of personal debts.

Nevertheless, the Defendant: (a) by deceiving the victim on July 9, 2009; (b) delivered KRW 23 million to the cashier’s check on July 21, 2009; (c) transferred KRW 4 million to the above account under the name of the Defendant on July 24, 2009; (d) transferred KRW 90 million to the above account on September 23, 2009; and (e) transferred KRW 4 million to the above account on September 25, 2009; and (e) transferred KRW 15 million to the above account on September 25, 2009; and (e) transferred KRW 2.5 million to the above account on October 27, 2009.

This is the defendant.