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(영문) 서울북부지방법원 2016.02.17 2014고정1853
사문서변조등
Text

Defendant

A shall be punished by a fine of KRW 5 million and by a fine of KRW 3 million, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[Fact-finding] Defendant A is the representative director of “(main)G” on the 3rd floor of the F Building in Gwanak-gu in Seoul Special Metropolitan City, and Defendant B is the director of “(main)G” above.

Victim H is the representative director of the “(State)J” in the third floor of the 1 building in Dongjak-gu Seoul Metropolitan Government, and the victim K is the president of the said “(State)J”.

On May 16, 2013, the Defendants entered into a contract with the victim H to receive food treatment equipment in the amount of KRW 38 million from the said “J” operated by the victim H, and paid KRW 19 million on the 20th of the same month as part of the price.

However, there is a dispute over the following: (a) the Defendants and the victims shall be liable for the expenses incurred in the packing boxes and leaflets for the food treatment equipment; (b) the victims’ food treatment equipment certified by the Ministry of Environment to be supplied to the Defendants; (c) whether they are products certified by the Ministry of Environment; and (d) the victims’ production at their own production factories; (b) the Defendants sent a peremptory notice containing the contents of the product to the victims on June 17, 2013, which was not provided by May 31, 2013 as stated in the contract. The victims sent to the Defendants on June 24, 2013.

Ultimately, on July 4, 2013, the Defendants filed a complaint with the Seoul Dongjak Police Station on July 4, 2013, and did not pay the victims the balance of KRW 19 million, and the victims did not provide the Defendants with food treatment equipment.

[Criminal facts]

1. The sole crime of Defendant A - Intimidation

A. On June 3, 2013, at around 14:00 on June 3, 2013, the Defendant, at the office of the Dongjak-gu Seoul Metropolitan Government International Building 3rd floor (jumJ office), dispute between the victims and the ordering document, and attaching a high interest on products, etc., the Defendant was aware that the victim was a friendship group of police officers who retired within the Seoul Dongjak-gu Police Station. In this case, the Defendant was aware of the highest person from the police station.

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