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(영문) 부산지방법원 2018.02.22 2018고단184
공갈등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[2] On July 23, 2013, the Defendant was sentenced to imprisonment with labor for fraud, etc. at the Busan District Court on July 23, 2013, and on April 17, 2014, the Defendant was sentenced to imprisonment with labor for two months at the same court on July 4, 2014. On December 10, 2015, the Defendant was sentenced to eight months for injury, etc. at the Busan District Court's Dong Branch Branch, which became final and conclusive on May 16, 2016, and was sentenced to imprisonment with labor for seven times more for the same kind of force.

[Criminal facts]

1. The Defendant and C, in relation to the victim KB Capital Co., Ltd., intended to have the sales proceeds divided by selling a vehicle purchased under the condition that the vehicle was purchased with no intent or ability to fully repay the installment loan even if the vehicle was purchased with a loan secured by a vehicle installment due to the lack of certain property or revenue.

Accordingly, on March 24, 2015, the Defendant informed Daman of the lending company that will purchase his/her colored vehicle, and C around March 24, 2015, on behalf of the victim KB Capital in Busan Metropolitan City, a mutual influorial company that vicariously lends a loan to the victim KB Capital in Busan Metropolitan City on March 24, 2015, purchases BMW X5 vehicle as its actual necessity, and as if he/she would faithfully pay the installment loan, the victim KB Capital Co., Ltd. which was kept in his/her place as security, made an application for the installment loan on the part of the victim KB Capital Co., Ltd. with the principal of the loan and KRW 35 million, a monthly installment, KRW 1,194,517, and KRW 36 months on the part of the installment loan and received KRW 50,500,000 from the employee in charge of the above loan.

Accordingly, the Defendant conspiredd with C to acquire property benefits by deceiving the victim.

2. The Defendant, who was threatened with the victim C, received an installment loan from the victim around March 2015.

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