(영문) 서울중앙지방법원 2017.09.26 2017고정1678

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(영문) 서울중앙지방법원 2017.09.26 2017고정1678

공갈미수

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant maintained the marriage relationship between C and the victim D (56) in the past nine months before the 19th month of this case, and developed as a friendal person, and friended from October 1, 1986 to July 2012.

At present, the defendant filed a civil lawsuit (2015 Gohap 57683) claiming against the victim to pay KRW 493,310,000 to the Seoul Central District Court under the name of consolation money, etc., against which the defendant lost the judgment on March 10, 2017, and appeal is currently pending in the appellate trial.

1. The Defendant: (a) around 12:00 on July 17, 2016, within the F coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul, the victim “ will come to the press interview request on this Note, and 500 million won is close.

“The Defendant and the victim, who did not pay the amount of civil litigation agreement, said that they would spread to the press the fact that they were the persons in the past, but the victim rejected the agreement.

2. On July 23, 2016, the Defendant, at around 13:00 on July 23, 2016, made a phone call to the Defendant and asked for a press report to the effect that the Defendant would not make any agreement, and the Defendant would report to the press unless he/she did so.

“The victim voluntarily withdrawn the agreed amount in the same manner as Paragraph 1, but the victim rejected it.

3. On July 23, 2016, around 20:00, the Defendant reported to the media without agreement, at the same place as “the matter was urgent, the amount of civil litigation, 500 million won, shall be revoked, and the press shall be prevented.”

Although the parties withdraw from the agreement in the same manner as the preceding paragraph, the victim rejected it.

4. On July 24, 2016, the Defendant called the victim on a telephone on July 24, 2016, thereby allowing the victim not to report if he/she pays the amount of civil claims to the press. If no agreement is reached, the Defendant will report to the press.

“The victim voluntarily withdrawn the agreed amount in the same manner as referred to in the preceding paragraph, but the victim rejected it.

5. On July 26, 2016, the Defendant made a telephone call to the victim on July 26, 2016 and reached an agreement.

유사 판례

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-서울중앙지방법원 2016.05.12 2015고정2319

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