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(영문) 창원지방법원 밀양지원 2018.11.15 2018고단322

공갈미수

Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, from around July 2005 to July 2012, operated a two-way farm with the trade name “C” in the Gyeongnam-gun.

On August 30, 2012, the Defendant, the representative director of D Co., Ltd. (hereinafter referred to as “D”), transferred the above C’s business rights to D, received KRW 200 million from D and KRW 500,000 per month from June 30, 2015, and agreed to receive KRW 35% of the compensation if the above C’s land is expropriated as a road site before June 30, 2015.

Accordingly, from August 2012, the victim acquired the above C and substantially operated the two-way farm under the trade name called “G Co., Ltd.” (hereinafter “G”).

On November 2017, when the Defendant was unable to receive compensation from D due to the acceptance of the said C site after June 30, 2015, the Defendant had been willing to demand money from the victim by using the same as securing a copy of G’s false tax invoice issuance details, the transaction details stating false wage payment details, and a copy of the wage payment statement stating false wage payment details.

On November 17, 2017, the Defendant accused the National Tax Service of the receipt of false tax invoices between G and H, and informed the National Tax Service of the content that “G and H unfairly paid monthly wages to persons other than the regular food personnel” on the Internet and public opinion.

The phrase “written accusation (statement of tax evasion)” sent to a D feed factory located in the J in Yangsan-si, Yangsan-si and had the victim reach the victim around that time.

On December 14, 2017, the Defendant continued to file a complaint with the National Tax Service on the number of false tax invoices between G and H as stated in the written accusation (written accusation) if the Defendant did not inform the Defendant of KRW 700,000,00, and reported the Defendant’s regular employees of G on the Internet and public opinion.

“Pasting.”