logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.01.30 2017고단3151
공갈미수
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 1, 2008, the Defendant leased the building F in Daegu-gu from the victim E to KRW 6.4 million monthly and operated the restaurant in G in its trade name. At the time of the lease agreement, the Defendant drafted the so-called “the so-called “the multilateral contract” with the monthly rent of KRW 1.1 million at the victim’s request that the amount of taxes is less than the amount of taxes at the time of the lease agreement.

Since then, when the Defendant became aware of the fact that the victim transferred the ownership of the building in this case to H without notifying him, he had the intention to attract money and valuables by threatening the victim to the crypted what the letter of contract was written.

On September 6, 2016, the Defendant called the victim from G in Daegu-gu F, Daegu-gu, and “The Defendant knows that real estate was sold and sold.”

In the meantime, it is known that the contract has been falsely reported to the tax office, and there is also data.

If a report is filed at the tax office, the party shall pay the tax amount of KRW 350 million which has not been paid during the period.

If 100 million won is not known, the victim tried to take out KRW 100 million from the injured party by giving hot spring, which "I would report to the tax office at the inside of the house," but did not comply with the victim's failure to do so.

Summary of Evidence

1. Legal statement of witness E;

1. Part concerning the statement of E in the police interrogation protocol against the defendant

1. Statement protocol by the police for E;

1. A complaint - A certified copy of the real estate register, a summary statement, a notice of on-site verification, a notice of on-site verification, and a report of value added tax;

1. Certification of payment details of value-added tax, inquiry of monetary records, text messages, and recording notes;

1. Two copies of the lease agreement, and copies of the real estate transaction agreement, stating that the defendant and his defense counsel agreed to preserve the amount of KRW 100 million with the premium for "G", and that there was no threat of the victim as stated in the facts charged.

The agreement on September 21, 2016 prepared by the Defendant stated “G premium 100 million” as “one hundred million won.

arrow