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(영문) 수원지방법원성남지원 2020.12.10 2020고정697
협박
Text

The prosecution of this case is dismissed.

Reasons

1. Around December 6, 2019, the Defendant reported that the victim D posted a letter on B carpet sales to B carpet “C” and made a deposit of KRW 300,000,000,000 to the victim by communicating with the victim.

On December 9, 2019, at around 09:06, the Defendant sent a text message to the victim and expressed the victim's intent to cancel the purchase by sending it to the apartment parking lot where he will reside later, but the victim respondeded to the Defendant at around 20:05 of the same day to the effect that "it is impossible to make a refund in the case of cancellation of a contract by simple change." On the same day, the Defendant continuously demanded a refund, and on the same day, the Defendant sent a text message stating, "I will all put forward the personal name and telephone number of the party and the Kakakakaoo x photograph in all spaces where he/she has joined," and continuously sent the victim a text message stating, "I will not make a refund in the case of cancellation of a contract by simple change."

2. Determination

(a) Applicable provisions of Acts: Article 283 (1) of the Criminal Act;

(b) Crimes of non-compliance with will: Article 283 (3) of the Criminal Act.

(c) Grounds for judgment dismissing public prosecution: Article 327 subparagraph 6 of the Criminal Procedure Act (the victim expressed his/her intention that he/she does not want to be punished against the defendant on August 5, 2020 after the prosecution of this case).

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