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(영문) 서울동부지방법원 2019.09.09 2018고단4178
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

Reasons

Punishment of the crime

1. The Defendants’ co-offender discovered the phone number of the business establishment through the Internet site’s massage practice place and the Internet bulletin board for advertising the entertainment business establishment, and had the people related to the business establishment receive money and valuables by borrowing the tort from the person related to the business establishment by telephone.

On June 28, 2018, the Defendants threatened the victim E, who operates “D” in Seongdong-gu Seoul, Seongdong-gu, Seoul, with a phone call, “D’s business operation by reporting 112 to the illegal business, and so it is possible to make the victim unable to operate the business by opening the door.” In the event that the Defendants do not comply with their request, the Defendants expressed their attitude to report the illegal act to the police and make it impossible to operate the business.”

On June 28, 2018, the Defendants received KRW 1,00,000 from the victims of drinking, from around 22:18 on June 28, 2018, the Defendants received KRW 4,825,000,00 in total, from the victims, from July 27, 2018, by the same method as indicated in the list of crimes in attached Form B, from July 27, 2018.

As a result, the Defendants jointly contributed to the victims, thereby obtaining the said money.

2. Defendant A

A. On May 12, 2017, the Defendant received 20,766,500 won in total from victims over 31 times, from the victims of the crime, from around 22:49, on May 12, 2017, by threatening the victim E, who operates the said “D,” by means of the aforementioned paragraph (1), and received 530,000 won from the food victim to the company bank account in the name of the Defendant, referring to the Defendant at around 22:49 on May 12, 2017, from around August 27, 2018.

B. On March 31, 2018, the Defendant and G constituted the K account in the name of G around 06:58, around March 31, 2018, to the victimJ operating the H I located in Gangnam-gu Seoul, by means of telephone and in the same manner as the above paragraph (1).

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