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(영문) 대전지방법원 2018.08.24 2017고정1225
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

The Defendant is a person who operates a one Internet broadcasting station called “B”.

On May 2, 2014, the Defendant visited the building and office of the Dong-gu Daejeon Dong-gu Daejeon, and filed a civil petition to the effect that “a request to regulate the illegal possession of roads by eight business establishments, such as the Daejeon Dong-gu D cafeteria,” and as a result of the control, the victim E who is the principal owner of the above restaurant was accused of the charge, and on December 11, 2014, issued a summary order of KRW 500,000 as a result of the violation of the Road Act, and around April 6, 2016, the Defendant again filed a civil petition with the Dong-gu Seoul Special Metropolitan City Office to the effect that “a fixed-type test installed on the floor of the entrance door of the D cafeteria located in the Daejeon Dong-gu, Daejeon Special Metropolitan City, is illegal.” On August 3, 2016, the Defendant was subject to an administrative fine of KRW 100,000,000,000,000.

On February 1, 2017, the Defendant made a false statement to the effect that, even though the Defendant did not have made efforts to lower a fine for negligence, the Defendant would make a phone call to the victim E, who is the wife of the above restaurant business operator, and would pay the original fine for negligence of KRW 500,000,000,000 to the victim E, who is the wife of the above restaurant business operator, and would pay the fine for negligence at a lower rate of KRW 100,000,000,000 to the other 400,000,000,000,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of partially the police officers against the defendant (three times);

1. Statement made to I by the police;

1. Written opinions, each business trip reports, reports on violations of the Act, accusationss, requests for voluntary removal of snow on roads, notices of fines for negligence, imposition of fines for negligence, and records of recording [the imposition of fines for negligence by KRW 100,000 at the time is not due to the defendant's endeavor, but due to voluntary removal of part of the company owner's cream, and the defendant also imposed fines for negligence of KRW 10,000 through legitimate processing, depending on the grounds.

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