A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

"2019 Highest 59"

1. Around July 10, 2018, the Defendant made a false statement that “The Defendant would pay a fine and pay a fine to the victim by July 2018 if he/she borrowed money.”

However, the Defendant had no intention or ability to pay the amount of KRW 200,000 without any special property, even if he/she borrowed money to the victim due to no fixed income.

Ultimately, the Defendant transferred KRW 500,000 from the victim at the end of the foregoing false statement to the account under the name of the Defendant, and received KRW 3 million in cash on July 14, 201, and received KRW 500,000 from the victim on July 19, 201.

Accordingly, the defendant acquired a total of 4 million won from the victim.

The Defendant and the Victim D (Inn, 57 years old) (hereinafter referred to as “F”) were set up in front of the “F” in Chungcheongnam-gun E, Chungcheongnam-gun, and the Defendant was dissatisfied with the victim on the ground that the victim was carrying on the same kind of business as the Defendant in the side of the Defendant.

2. 공갈 피고인은 2019. 3. 9. 16:00경 위 F 앞 노상에서 피해자에게 “G에서 솜사탕기계를 사 장사를 하는데 필요한 50만 원을 빌려주지 않으면 노점 트럭을 냇가로 확 끌어내고 군청에 민원을 넣어 장사를 하지 못하게 하겠다”고 협박하였다.

Then, at around 19:00 on the same day, the Defendant received KRW 500,00 from a drinking victim, who was frighted to such intimidation, from the “I” in the operation of the victim’s Ha in the Chungcheongnamyang-gun H.

3. On May 25, 2019, the Defendant causing property damage is equivalent to KRW 35,000,000, KRW 7,000, KRW 50,000, KRW 50,000, market value of the victim’s possession on the street board, on the ground that the victim refused the Defendant’s demand that the victim move his street to another place.