(영문) 청주지방법원 2020.05.14 2019고단2188

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(영문) 청주지방법원 2020.05.14 2019고단2188

공갈등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant has received money from the defendant who continued to receive money from the defendant with middle school students.

1. From March 29, 2017 to April 20, 2019, Cheongdong-gu C borrowed 12,00,000 won of studio deposit to the victim B in the name of the victim, and even if the victim refused it, he/she would die while taking a bath to the victim, and threatened the victim to die continuously by telephone, etc. even thereafter, he/she demanded money and received 12,00,000 won at that time from that time to that of April 20, 2019, and as described in the list of crimes in the attached Table, he/she collected the money by directly receiving 82,238,48 won from the victim from that time to that of April 20, 2019 or by requiring the defendant to pay the money to the victim.

2. From January 2019 to April 21, 2019, the victim demanded the victim to pay KRW 25 million to himself/herself, but the victim continued to demand the payment of the said money, such as sending text messages, such as “before he/she died in the Kakaox, etc.,” and “the tearer shotle” to withdraw the said money by threatening the victim, but the victim did not report it to the investigation agency and failed to do so.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning B;

1. Certificates of debts, credit comprehensive information inquiry, details of termination of subscription deposits, details of termination of subscription deposits for a house, details of termination of deposits in a D bank, details of termination of deposits in a D bank, details of termination of deposits in a D bank, details of issuance of checks in D bank, details of liquidity transactions

1. Application of the Kakao Stockholm statutes

1. Relevant Article 350(1) of the Criminal Act (the points of conflict), Articles 352 and 350(1) of the Criminal Act (the points of attempted conflict) concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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