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(영문) 수원지방법원 안산지원 2014.11.19 2014고정42
공갈
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 201, 201, the Defendant demanded that the victim D(E)’s “E” operated in Ansan-si, Sinsan-si, a member D(53 years of age) be called “E” from the victim, who is aware of organized violence, and, if the Defendant did not comply with the demand, 1.5 million won should be transferred from the victim, to the deposit account in the name of F’s mother on the same day, and 1.5 million won should be transferred from the victim’s mother on the same day to the deposit account in the name of F.

Summary of Evidence

1. Legal statement of the defendant (the purport of recognizing the fact that he/she has received remittance of KRW 1.5 million);

1. Legal statement of witness D;

1. The defendant and his defense counsel's assertion regarding D's written statement of the police, the defendant and his defense counsel denies the crime by asserting that "the defendant merely borrowed 1.5 million won to the victim at the time by requesting that he lent 2 million won to the victim at the time, and did not threaten the victim."

First of all, the victim testified to the effect that the victim was present as a witness of the instant case and testified to the effect that "the defendant did not lend money to the defendant frighten," "at the time the defendant lent money to the defendant", "at the time he borrowed money to the defendant, he did not interfere with or she did not get hot," and "at the time he lent money to the defendant."

However, on the other hand, in the same testimony, the victim stated that "at the time, the defendant was aware of the fact that he was organized violence with the defendant," and "after receiving the demand from the defendant to lend 2 million won to the defendant, the victim rejected the demand that he was not close to the defendant, but did not make any money. However, in the first time, the victim was requested to make a telephone more than once and lent 1.5 million won to the defendant, not to receive a single visit from the defendant and the defendant."

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