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(영문) 대구지방법원 안동지원 2017.10.17 2017고단546
공갈
Text

A defendant shall be punished by imprisonment for four years.

A copy (No. 1) of the certificate of completion of seizure (mera) shall be from the defendant.

Reasons

Criminal facts

[criminal history] On November 20, 2015, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Incheon District Court on the Punishment of Violences, etc., and completed the execution of the sentence at the Ganpo Prison on April 26, 2017.

[2] On November 26, 2004, the Defendant was sentenced to 10 years of imprisonment due to a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof (special robbery, rape, etc.) and was ordered to receive confirmation from the injured party that “C included items prohibited from bringing in to A” and “C included items prohibited from bringing in to A,” on September 26, 2013. Around December 2013, the Defendant became aware of the victim C (37 years of age) working as a correctional officer. Around December 2013, the Defendant was required to receive confirmation from the injured party that “C included items prohibited from bringing in to A.”

On January 3, 2014, the Defendant received KRW 5,00,000 from a national bank account (number E) in the name of D on January 3, 2014, and received KRW 162,00,00 from the damaged person on a total of 25 occasions, as stated in the attached Table of Crimes, from the victim, on the following grounds: (a) the Defendant stated that “it would be a day to leave money by inserting the prohibited goods into the country; (b) it would have to go to the inspection and knife because it would go to the inspection and knife because it would put the victim into money; and (c) the Defendant received money from the damaged person, as stated in the attached Table of Crimes, from July 27, 2017.

Accordingly, the defendant took property by threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against C;

1. Each investigation report (F, G, and D’s response to the request for financial transaction information / as a result of the analysis of communications data / H, I, and J’s response to the request for financial transaction information / Defendant D’s telephone statement / suspect.

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