logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.05.04 2015고정948
공갈등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 5, 2014, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor and two years of a suspended sentence of two years of imprisonment with prison labor in the Incheon District Court on April 5, 2014 and the said judgment became final and conclusive on December 13, 2014.

1. On January 1, 2013, the Defendant: (a) around 05:00, at the singing room operated by the victim C in Nam-gu Incheon Metropolitan City, the Defendant provided alcohol and gambling, and took entertainment for three hours; (b) told the victim to pay the amount equivalent to KRW 270,000 for three hours; and (c) reported to the police in the 112 and reported to the police in the 112; and (d) led the food victim to concentrate on the Defendant’s claim for the said payment.

Accordingly, the defendant acquired property benefits equivalent to the above price by threatening the victim.

2.(a)

On January 2014, at around 03:00, the Defendant issued an order for alcoholic and singing service as if the Defendant did not have any intent or ability to pay the price, and instead would pay the price to the victim, and then acquired the pecuniary profits equivalent to 3,000 won from the victim, i.e., the Defendant received the payment from the victim, namely, 33,00 won.

B. At around 23:00 on July 27, 2014, the Defendant issued an order for alcoholic beverage and horse services as if the Defendant would pay the price to the victim, even though there is no intent or ability to pay the price, and then acquired the pecuniary benefits equivalent to the same amount after being provided by the victim with alcoholic beverage and horse services equivalent to KRW 200,000 from the seat, that is, the Defendant received from the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement to G, H, C, and E;

1. Previous convictions in judgment: Application of the Act and subordinate statutes not later than disposition and report on the results of confirmation, and report on investigation (report on the failure to take measures against A and the confirmation of the fixed date);

1. Relevant Article 350 (1) of the Criminal Act concerning criminal facts and the choice of punishment is applicable;

arrow