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(영문) 서울동부지방법원 2015.02.04 2014고단3865
공갈등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 31, 2013, the Defendant: (a) around 01:00 on July 31, 2013, when he settled KRW 156,00 with a credit card in advance under the pretext of the drinking value, etc. from “Esing room” operated by the victim D (the age of 31) located in Songpa-gu Seoul, Songpa-gu, Seoul; and (b) dice with a singing voice for two hours following

The Defendant, on his own, sent to the victim, “I will cancel the credit card settlement. If so, I will report illegal business. I will die.”

The defendant had a frighten victim cancel the payment of the above credit card, but the victim rejected it.

Accordingly, the defendant attempted to attack the victim and attempted to commit the crime.

2. On May 29, 2013, the Defendant, around 08:30 on May 29, 2013, she paid 250,000 won in advance by credit card from the Hnonoocom room operated by the victim G (the age of 53) located in Gwangjin-gu Seoul Special Metropolitan City, under the pretext of the drinking value, etc., and dices with the singing voice for three hours following the settlement.

When the victim requests additional payment of KRW 130,000 to the victim, the defendant stated, “The victim's illegal act is refunded in cash, the amount first settled is not paid in cash, and the remainder is not paid. If so, the defendant reported it to 112.”

The defendant, who had a frighten victim, frightened the above 130,000 won claim, acquired economic benefits equivalent to the same amount.

From that time to August 19, 2014, the Defendant received cash equivalent to KRW 1,205,000 in total or exempted the Defendant from liability by the same means four times in total, as shown in the attached list of crimes.

Accordingly, the defendant acquired property or property benefits by joining victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I, J, K, and G;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (to listen to a victim's D phone statement);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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