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(영문) 창원지방법원 진주지원 2013.05.14 2013고단398
공갈등
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On April 14, 2011, the Defendant was sentenced to 8 months of imprisonment for fraud, etc. at the Changwon District Court, and on August 6, 201, the Defendant was a person who had the same force as well as the completion of the execution of the sentence.

【Criminal Facts】

1. The Defendant, at around 21:40 on May 3, 2012, after drinking alcohol at the 3rd room of the Dju points in Sacheon-si, the Defendant was required to request the victim E to calculate the sum of 2 sicks (400,000 won), 2 sicks (20,000 won), 2 sicks (3 hours and 180,000 won) and 600,000 won (3 hours and 180,000 won) from the victim E, and “this spulpule is not possible.” The Defendant, at least two times, she dumpeded the remaining alcohol at the bottom and destroyed it, and dumped it by assaulting the victim’s breas (hereinafter referred to as the “victim”).

The defendant had the victim of frighten drinking, claiming the above alcohol value, and had the victim acquire the pecuniary benefit equivalent to the same amount.

Accordingly, the defendant acquired property benefits by threatening the victim.

2. On June 2, 2012, around 00:30 on June 2, 2012, the Defendant: (a) entered a place specified in paragraph (1) with F and G, etc. as if the Defendant would pay money; (b) the Defendant ordered two-way 6 diseases (1,200,000 won); (c) beer 1 disease (130,000 won); (d) 3 disease (30,000 won); (c) 5 service charges (6 hours and 720,000 won); and (d) 2,080,000 won in total.

However, the defendant did not have an intention or ability to pay the drinking value because the cash in his possession was only more than 300,000 won, and the physical card was not included only in and out of 100,000 won.

Nevertheless, the Defendant received the above alcohol from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Defendant’s suspect interrogation protocol on March 22, 2013

1. Each police statement of E and H;

1. Investigation report (F telephone conversations for reference);

1. Each invoice;

1. A copy of a work log, a written confirmation for a dispatch case, a photograph of the scene, and a photograph of the site; and

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