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(영문) 수원지방법원 2013.05.02 2012고정3042
업무상횡령등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 201, the Defendant 201, called F’s cell phone with the victim E’s cell phone, which is an employee of the victim D, and then called “D would file a complaint against the problem of settlement of money, so that D would be subject to a tax investigation by reporting D B to the tax office,” and at that time, the Defendant threatened the victim by having the victim transfer the said words to the victim, thereby leading him to a certain degree of harm and injury on the victim’s property.

2. On November 201, 201, the Defendant called G’s cell phone with the victim’s cell phone, which is the victim D, and thereby, “I wish to conduct a tax investigation on D’s tax evasion cases, which are the weak points of D when having filed a complaint against D B,” and at that time, the Defendant had the victim transfer the said speech to the victim, thereby inducing the victim to commit any harm or harm to the victim’s property.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Application of the respective legal statements of D, F and G Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 283 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act alleged that the defendant had not made a statement to F and G by telephone, but it appears that F and G have made a statement to the effect that the defendant had made the statement as stated in the judgment of the defendant, as acknowledged by the above evidence, and that F and G have made a statement to the effect that "D may be accused of tax evasion and did not bring an accusation" against F and G, it can be acknowledged that the defendant had threatened the victim by making the statement to F and G as stated in the judgment, and thus the above assertion is not accepted.

Parts of innocence

1. The facts charged.

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