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(영문) 인천지방법원 부천지원 2015.07.31 2015고단1534
협박
Text

A defendant shall be punished by imprisonment for four 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 is sentenced to the punishment of the victim D(n, 39 years of age).

The Defendant jointly and severally guaranteed by his wife E with the victim’s company for about 20 years prior to around 20 years prior to the occurrence of a debt equivalent to approximately KRW 2 billion to the above E, and requested the victim to continuously settle the above debt to the victim, but the victim did not comply with the request. On February 2014, the Defendant submitted to Seoul Regional Tax Office G, which is working for the husband F of the victim’s husband, a written application for 2 billion won to the husband of the victim, and had the husband of the victim undergo an inspection and investigation.

Nevertheless, the victim continued to threaten the victim without resolving the above debt.

On December 27, 2014, at around 10:33, the Defendant sent a text message to “if he/she became aware of (2 billion won) within a week from the victim’s mobile phone to the person under the name-based mobile phone in the name-based mobile phone, he/she sent the text message to the Board of Audit and Inspection or the Cheongdae-gu, Cheong-si, and then sent the text message to the victim, which read “if he/she became aware of (2 billion won) within a week, he/she shall be paid a written application to the Board of Audit and Inspection or the Cheongdae-gu, Cheong-gu,” and then sent the text message from December 27, 2014 to May 11, 2015 to the victim’s mobile phone on which he/she was in the way, such as the list of crimes.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint;

1. Intimidation text messages, photographs of mobile phone text messages;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 283 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflect on the crime; the motive of the defendant committed the crime in this case; and consideration of the economic or physical situation of the defendant at present);

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