(영문) 서울동부지방법원 2020.10.13 2020고정682

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(영문) 서울동부지방법원 2020.10.13 2020고정682

공갈미수

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant lent KRW 4 million from the Defendant, but did not receive contact with the Defendant, and the victim C (the 43 years of age) who was living with her natives at the time was a soldier with the knowledge that her natives and was living together with her natives and hers were military personnel, and tried to send text messages to the victim to receive money.

On January 17, 2016, the Defendant sent a text message to the victim at a place where it is impossible to know at around 18:17, the Defendant sent the victim a text message stating, “I will receive the phone call from the unit, leave the door door, she will do so, she will do so.” On the same day, around 18:19, the Defendant sent the victim a text message stating, “I will use 4 million won in the future and get a loan for money. I will come to a unit, and you will come to face with a large-scale vehicle. I would like to send money to the victim on the same day at around 18:47 on the same day, if I sent money to the victim, I would like to use it as a unit, and I would like to receive money from the victim without having the victim receive the text message “I will know about the fact that I will not have to do so.”

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. A criminal investigation report (the time when a text message was sent to the victim, and the time when the text message was sent) (the defendant asserts to the effect that the delivery of text message to the victim does not constitute an attack even if he/she recognizes the fact that the defendant sent the text message as stated in his/her reasoning. In light of the content of the text message, the developments leading to sending the text message, the victim's status, etc., the defendant's act constitutes a threat of harm and injury that

1. Relevant Article 352 of the Criminal Act, Articles 352 and 350 (1) of the Criminal Act, and selection of fines for criminal facts

참조조문

-형법 제350조 제1항

-형법 제352조

유사 판례

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-서울남부지방법원 2016.11.09 2016고단3688

-수원지방법원 2014.06.11 2012고단5384