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(영문) 수원지방법원 평택지원 2017.01.05 2016고단1142
공갈미수
Text

Defendant

B A person shall be punished by imprisonment for six months.

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

Reasons

Defendant B (basic facts) was introduced by Defendant B through the above Defendant A, and the victim H (representative) and I ( warden) of the above office purchased one unit of apartment purchase right of 103 Dong J apartment No. 1603 around October 15, 2014, around October 22, 2014, the above J apartment No. 104 Dong 601, and the above J apartment No. 103 Dong 103, 1603, paid KRW 100,000,000,000,000 as the brokerage fee of 103 Dong 1603.

Since then, Defendant B decided to purchase the right of sale of J apartment No. 107, 101, J apartment No. 107, and 101 (hereinafter “K”) by changing the buyer’s name, which paid the down payment of KRW 3 million to the victims’ intermediary.

However, on November 20, 2014, the dispute arises due to the buyer's refusal to change the buyer's name, and the defendant B called "to reverse the contract" after the telephone conversations with A on the remainder date, and eventually failed to change the buyer's name, and A was also unable to purchase the above sales right.

[2] After the conclusion of the above contract, Defendant B prepared a package contract stating the amount less than the amount paid at premium in relation to the purchase right contract that he purchased at the time, and the victims were paid a commission exceeding the statutory commission, with the intent of threatening the victims.

On November 25, 2014, the Defendant, in the name of the post office located in Pyeongtaek-si located in Pyeongtaek-dong, sent to the victims, “The right to sell the G real estate has been purchased twice the purchase amount, and the right to sell the real estate has been purchased twice the purchase amount, and it is known that the Defendant would be compensated until December 2, 2014, for the prize amounting to 48 million won, which is the prize for the National Tax Service at the time of reporting to the National Tax Service, and legal measures will be taken in the event of non-performance.

“..” The content of the certificate was sent.

Accordingly, around December 2, 2014, the victim H was raising a problem on the contract that is same as Defendant B.

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