A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On June 30, 2015, the Defendant, at around 22:00, posted a telephone at the “D marina area shop” managed by the victim C (the age of 29) located in Gangnam-gu Seoul Metropolitan Government, and, at the same time, told the victim that “I am fy, but 100,000 won is sent.” In the event that the Defendant did not transfer money, the Defendant reported the fact that he was an illegal massage place to the police.

As such, the Defendant received KRW 100,000 from the victim who frightened the victim and received 100,000 from the victim’s personal compromise account under the name of the Defendant, and received KRW 3,690,00 from April 7, 2015 to September 17, 2015, 200 from around 49 times in total as indicated in the attached crime list.

Summary of Evidence

1. Statement to C by the police;

1. Each statement of E, F, G, H, I, J, K, L, M, N, P, Q, R, T, and U;

1. Application of Acts and subordinate statutes on the details of deposits from each account and the account of defendants;

1. Article 350 (1) of the Criminal Act applicable to the facts constituting the crime (the choice of each imprisonment with prison labor, covering each victim);

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Where the degree of public conflict (aggravated factor) is weak in the basic area (six months to one year of imprisonment) of types 1 (less than 30 million won) of general public conflict, or where he commits repeatedly a crime against an unspecified number of victims or many unspecified persons, or over a considerable period of time (aggravated factor) during the period of public conflict;

2. Determination of sentence does not have a large amount of money received by the Defendant, and the degree of conflict is weak.

The fact that the defendant does not have any previous error can also be seen as favorable circumstances.

However, since the defendant has repeatedly committed the same kind of crime about 49 times for about 5 months for many unspecified victims, the criminal liability is not weak.

The contact point of the massage business through the Internet is searched, and the money is by intimidation as if it were reported to the police as illegal massage business by posting the telephone at will.