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(영문) 부산지방법원 2008.11.4.선고 2008고단2339 판결
가.폭력행위등처벌에관한법률위반(공동공갈)나.폭력행위등처벌에관한법률위반(공동감금)다.폭력행위등처벌에관한법률위반(공동폭행)라.폭력행위등처벌에관한법률위반(공동협박)(피고인A1에대하여인정된죄명협박)마.업무상배임바.업무방해사.상법위반(공소취소)아.공정증서원본불실기재(공소취소)자.불실기재공정증서원본행사(공소취소)
Cases

1. Violation of the Punishment of Violences, etc. Act (joint conflict)

(b) Violation of the Punishment of Violences, etc. Act;

(c) Violation of the Punishment of Violences, etc. Act;

(d) Violation of the Punishment of Violences, etc. Act;

(A) Recognized intimidation against Defendant A1

E. Occupational breach of trust

(f) Interference with business;

(g) Violation of the Commercial Act;

(h) False entry in the original notarial deed (Revocation of Public Prosecution);

(i) Exercising the original notarial deed;

Defendant

1. (a) d. (e) A (59 years old, South) l, and unpaid;

(f)

2. (a) b. (d) A2 (71st, South 71) c. non-permanent office;

3. (a) . (b) . (c) A3 (year 71, South) , and non-permanent;

(d). (f);

Prosecutor

Kim Jong-hun

Defense Counsel

Attorney Kim Jong-he et al., Counsel for the defendant A1 and A3

Attorney Park Jong-young (for the defendant A2)

Imposition of Judgment

November 4, 2008

Text

Defendant A1 shall be punished by imprisonment for one year and two months, by imprisonment for Defendant A2, by imprisonment for ten months, and by imprisonment for any of the crimes set forth in Articles 1, 2, 3 and 6(a) through (3) of the Judgment of Defendant A3, by imprisonment for one year and two months for any of the crimes set forth in Article 6(a) of the Decision.

The number of days of detention prior to the pronouncement of this judgment shall be 197 days each day of the above punishment for Defendant A1 and A2, and the above punishment for Defendant A3 shall be included in the above punishment, and the above punishment for the crimes of Articles 1, 2, 3, and 6 (a) through (

Reasons

Criminal facts

On September 12, 2007, Defendant A2 was sentenced to a suspended sentence of two years for a violation of the Act on the Control of Narcotics, Etc. at the Jeonju District Court on Sep. 20, 2007, and the above judgment was finalized on Sep. 20, 2007. On Jan. 17, 2008, Defendant A2 was sentenced to a suspended sentence of three years for one year for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on Jan. 25, 2008. Defendant A3 was sentenced to a suspended sentence of six months for injury at the Busan District Court on Oct. 23, 2007, and the above judgment became final and conclusive on Oct. 31, 2007. Defendant A 2, a representative director of the Busan District Court, who is a housing redevelopment improvement project, was engaged in the redevelopment project for the purpose of housing redevelopment project, and 30 times of organization and operation for the redevelopment project with the president, etc.

1. The Defendants’ co-principal

2005. 1. B와 피고인 A1이 부산 금정구 장전동의 00구역 공동주택 민간사업추진위원장 D에게 시행사를 소개시켜 주고 소개비를 받기로 약속한 다음 서울에 있는 주식회사 00부사장인 피해자 V1을 소개시켜 주었으나 사업성이 없어 계약이 체결되지 않았는데, 2005. 6. V1이 부산에서 시행사인 주식회사 QQ를 설립하여 D와 직접 시행계약을 체결하자, B와 C는 피고인 A2, A3에게 V1을 잡아오라고 지시하여 피고인 A2, A3은 부산 연제구 거제동 WW빌딩 5층에 있는 주식회사 QQ 사무실에 찾아가 V1을 데리고 오려고 하였으나 V1의 연락을 받고 온 주식회사 QQ의 전무인 피해자 V2와 함께 동행을 거절하였다.

Accordingly, C, along with Defendant A1, found in the above office and "V1, "if you want to know about the president, why we want to introduce to XX, why we want to introduce the first person, why we want to go through XX?" V2 "I, you am, why you want to go, what you want, what you want to go, and what you want to go, what you want to go, and what you want to go," and the Defendants expressed and threatened him.

C and the Defendants received the promise to receive money from the victim V1 to receive money at the time of the construction work contracted with them, and then received KRW 200,000,000 from the victim V2 at the office of 00,000,000, around November 2, 2005, in collusion with C and B, the Defendants received KRW 200,000 from the victim V1, V2.

2. Joint criminal conduct by Defendant A1 and A3;

At around 16:00 on March 26, 2006, the indoor gymnasium of 000 Women's High School located in the Busan Jin-dong, and C knew that the president of the Housing Redevelopment and Improvement Project Association, the president of the Housing Redevelopment and Improvement Project Association, did not select the removal company recommended by him, and want to open and make a resolution at an ordinary general meeting upon recommendation of another removal company from the two removal construction, the city construction project operator, and instructed Defendant A1 and F not to select other removal companies that he did not recommend as the place of the general meeting.

The Defendants introduced the public road to the removal company recommended by the Corporation by the Gu mother, who is a public office director of the Association, and the society “the shape of discussion on the selection of the removal company in the representatives conference.” Defendant A1 attempted to engage in microact used by E on the top, and Defendant A3, etc. subsequently prevented the progress of the general meeting, such as intending to write down the security guards in charge of the security of the general meeting and going on the top. Accordingly, Defendants conspired with G, H, I, etc., thereby obstructing the progress of the general meeting by force.

3. Joint criminal conduct by Defendant A2 and A3;

A. At around 15:00 on August 2005, at the office of the Housing Redevelopment and Improvement Project Association, located in 000-dong 2, Busan, Busan, the head of the cooperative, "C" means the victim E, who is the head of the cooperative, "I am well aware of theme to write this president, write down the removal company, and send the quotation, as the head of the cooperative, who is recommended within the removal company, and send them." The Defendants showed their attitude to show that they would inflict any harm on the victim's personal affairs or the above partnership affairs if they do not take their demand. The Defendants threatened the victim jointly with C.

나. 2005. 9. 초순 15:00경 부산 동구 초량동 EE빌딩 9층에 있는 주식회사 00 사무실에서, 피고인들은 C의 지시로 주식회사 XX도시정비사업단의 감사인 피해자 V2를 데리고 C가 있는 사장실 안으로 들어가게 하고, C는 피해자가 주식회사 XX도시정비사 업단이 정비용역을 맡은 동삼2구역 주택재개발사업과 관련하여 시공사 선정 등의 일을 하면서 자신의 말을 듣지 않는다는 이유로 피해자에게 "네년이 뭘 안다고 까부냐" 등의 욕설을 하고 이에 사장실을 나오려는 피해자의 어깨를 눌러 앉히고, 이 때 피고인들은 사장실 안으로 들어가 옆에서 부동자세로 서서 위세를 보여 피해자로 하여금 1시간 동안 밖으로 나가지 못하게 함으로써, 피고인들은 C와 공동하여 피해자를 감금하였다.다. 2007. 2. 일자불상 12:00경 부산 영도구 동삼동에 있는 000구역 주택재개발 정비사업조합 설립추진위원회 사무실에서, C는 주식회사 XX도시정비사업단이 000구역 재개발 정비사업을 자금난으로 더 이상 진행하지 못하게 되자 YYY도시정비 주식회사와 용역계약을 할 것을 추천하였으나 위 추진위원회 위원장인 피해자 J과 총무인 피해자 V3이 따라주지 않는다는 이유로 피해자들에게 "형님 와 그랍니까, 일을 할라고 합니까, 우리 일에 협조를 잘 해주십시오"라고 말하고, K는 "늙은 것들이 잔머리 굴리고 있네, 우리 형님 머리 아프게 하지마라, 안 그러면 어떻게 되는지 알지"라고 말하고, 피고인들과 G, L은 그 옆에 부동자세로 서서 위세를 보여 만일 자신들의 요구를 들어 주지 않을 경우 피해자들의 신상이나 위 추진위원회 업무에 어떠한 위해를 가할 듯한 태도를 보임으로써, 피고인들은 C 등과 공동하여 피해자들을 협박하였다.

4. Crimes A1;

A. On April 2006, C, the head of the Housing Redevelopment and Improvement Project Association, the president of the Housing Redevelopment and Improvement Project Association, did not select the removal company and appointed another company at the ordinary meeting, and directed the defendant to transfer his/her horse to the defendant. On April 18, 2006, the defendant threatened the victim at the office of the Housing Redevelopment and Improvement Project Association located in the Busan Jin-gu, Busan, on April 2006, at around 18:00, the defendant threatened the victim by stating that "C, in such manner, would have a good sense for each victim," and "C would not be subject to the principle of no taxation and taxation," and that "I would like to have any harm to the victim's personal affairs or the business affairs of the said Association."

B. On December 22, 2006, the Defendant, who is the representative director of the XX Urban Improvement Project Group, was the representative director of the XX Urban Improvement Project Group, was to intervene in the project and to lose the representative director upon the waiver of the project.

When the service costs to be received by the above company employees were seized by the company employees, the Defendant, in violation of the representative director’s duties as representative director, had C et al. receive service costs in the name of 00, and had YY Urban Improvement Corporation enter into a housing redevelopment project promotion committee and maintenance services contract with 000 area housing redevelopment project partnership, and agreed to receive service costs from the above promotion committee by contract with YY Urban Improvement Corporation, YY Urban Improvement Corporation received from the above promotion committee, and sent them to 00.

Therefore, on July 5, 2007, 89,000,000 won from YY Urban Rearrangement Co., Ltd. to 00 accounts, and from July 16, 2007, the Defendant received each transfer of KRW 50,000,000 on July 16, 2007 to 39,000,000 on July 18, 2007, in collusion with C, etc. to obtain property benefits equivalent to KRW 178,00,000 in total from 00 to 00,000 in violation of the representative director’s duties, and thereby, the Defendant sustained damages equivalent to the same amount as the amount to the Non-Business Group of XXdo Correction.

5. A2;

At around 15:00 on April 200, the date of which was 15:0, the office of the maintenance and improvement project group of the city in the early EE building in Busan Dong-dong, Busan Metropolitan City, the defendant made phone call to the victim 54, who is in charge of the defendant, but it is not possible to change 52, but the defendant's location "this sp and dead spher," and the victim's location "I ambling. I amb off. I am back." The defendant showed the attitude that I ambling the victim's body, showing that I am above the victim's body, the defendant threatened the victim in collaboration with C.

6. Crimes A3;

A. At around 15:00 on October 2006, at the office of the City Maintenance and Improvement Project Association, the 5th floor of Busan Dong-dong 3 Dong-dong, Busan, 2006, there is a defect in which the 52 victim, who is the victim, tried to have the necessary documents in the process of organizing the office where the rent is close, C means that "if this document is damaged, why this year is not yet mental, why you want to die, how you want to die, and that the victim's chest was pushed down, and the defendant and L sent the above age to that side, and the defendant assaulted the victim jointly with C and L.

B. At around 15:00 on March 2007, C used the victim 52 on the vehicle driving by the defendant, and arrived at the Busan District Court located in the Busan District Court. The victim refused to use 300,000 won, and the victim refused to use 300,000 won on the match vehicle, and the defendant ordered the defendant "Wellow-day" to "Illow-day," and the defendant was able to take the victim's hand, and C used money to refuse to receive money. At around 14:0 on April 14, 207, the defendant assaulted the victim in cooperation with C, and the defendant did not appear to have "Illow-gu, the victim's office," and the defendant did not appear to have "Ilri-gu, the victim's office, and the defendant did not appear to have "Ilri-do, the defendant and the defendant did not appear to have a public announcement of YYU's service contract."

D. Upon the completion of June 200 at the office of a housing redevelopment and rearrangement project association office located in 000, Nam-gu, Busan Metropolitan City on June 1, 2007, the obligation of 600,000,000 won for the rearrangement project service cost, which is held by the Urban Improvement Project Association against the above Association, was seized by the creditors of the above company by the creditors of the above company. C et al. refused payment on the ground that the service cost was seized by the above Association upon receipt of the order as if he and N were the creditors of the above company, but upon the above Association's receipt of the order, it was rejected for the reason that the service cost was seized by other creditors of the above company. C sent to the victim V5, a general director of the above company to 60,000,000 won, which was deposit with the passbook account, and the defendant and G did not receive the above 00,000,000,000 won for the above company's account account number, but 00,0,00,0,0,00.

E. At around 14:30 on January 10, 208, at the office of the committee for the promotion of housing redevelopment and consolidation of 000 area located in the Youngdong-dong, Busan Metropolitan City, C, who became aware that the victim 53 intends to terminate the service contract with the YY City Maintenance and Improvement Co., Ltd., ordered the YY City Maintenance Co., Ltd., to ensure that the termination is not possible, and the Defendant and G, who tried to find the victim and take a bath for the victim, and the Defendant, who attempted to go the victim, was unable to go back by the victim's shoulder, and after the victim's shoulder, "this spule, the company will not go back." By doing so, the Defendant threatened the victim jointly with G, etc., with the attitude that the victim's personal injury or the promotion committee was likely to inflict any harm to the above work.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant Al: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the point of joint conflict), Articles 314(1) and 30 of the Criminal Act (the point of interference with business), Article 283(1) of the Criminal Act (the point of intimidation), Articles 356, 355(2) and 30 of the Criminal Act

B. Defendant A2: Article 2(2) and 3 of the Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act; Article 2(2) and 1 of the Punishment of Violences, etc. Act; Article 2(1) of the Criminal Act; Article 283(1) of the Criminal Act; Article 2(2) and 2(1)2 of the Punishment of Violences, etc. Act; Article 2(1) and 276(1) of the Punishment of Violences, etc. Act. Defendant A3: Article 2(2) and 3 of the Punishment of Violences, etc. Act; Article 350(1) of the Criminal Act; Article 314(1) and 30 of the Criminal Act; Article 2(2)1 of the Punishment of Violences, etc. Act; Article 2(1)1 of the Punishment of Violences, etc. Act; Article 283(2) and (2)2 of the Criminal Act; Article 2(1) of the Punishment of Violences, etc. Act (2) and Article 6(1) of the Punishment of Joint Punishment, etc. Act

2. Selection of a sentence;

Each Imprisonment Selection

3. Handling concurrent crimes (Defendant A2, A3);

The latter part of Article 37 and Article 39(1) of the Criminal Act

4. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

5. Inclusion of days of pre-trial detention into the accused;

Article 57 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges

Judges Lao Young-gu

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