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(영문) 울산지방법원 2019.10.11 2019고단983
폭력행위등처벌에관한법률위반(공동공갈)등
Text

A person shall be punished by imprisonment with prison labor for up to 8 months, and up to 2 and 3 years with prison labor for the first offense against the defendant.

Reasons

Punishment of the crime

[criminal power] On October 25, 2018, the Defendant was sentenced to the suspension of the execution of two years and six months after having been sentenced to imprisonment for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Busan High Court, and the said judgment became final and conclusive on November 2, 2018. On November 21, 2018, the Seoul Southern District Court sentenced two years of suspension of the execution of imprisonment for six months at the Seoul Southern District Court for fraud, and the said judgment became final and conclusive on November 29, 2018.

【Criminal Facts】

1. "2019 Highest 983";

A. On February 2, 2017, the criminal defendant against the victim B posted a letter “a person who needs money, solves, and contact network” on Pests North Korea using a mobile phone at a place no more than the address in Gyeyang-si, Yangsan-si, and sought to the effect that the victim B (the 16-year-old age) who is a four times the above notice is required to contact the defendant and that the amount equivalent to KRW 2 million is needed to contact the defendant. The victim was willing to obtain a part of the victim’s loan in the case where the loan was actually made under the victim’s name, referring to the defendant’s creation who is an adult woman, and the victim’s private relationship or C, who is the victim.

(1) On February 21, 2017, the Defendant made a false statement to the effect that, on February 21, 2017, the Defendant: (a) around 19:00 on February 21, 2017, F, a branch of the Defendant, parked in the E-Union located in Yangyang-si, Yangsan-si, would make the victim withdraw all the remaining KRW 6 million, excluding KRW 1,000,000,000,000,000,000, which was to be paid for the lending of the name to the said C, from among the 7,000,000,000,000 won, to be paid to the victim in return for the loan; and (b) the victim made a false statement to the effect that “When it is necessary to pay interest, etc., some of the loans will be paid.”

However, in fact, the defendant had the intention to consume some of the loans from the victim for personal purposes, and the defendant has the intention to store the loans on behalf of the victim or to repay some of the principal and interest.

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