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(영문) 인천지방법원 2018.07.30 2018고단872
공갈
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 2,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is the actual operator of Company E (hereinafter referred to as “E”), Defendant B is the head of Company E, and Victim F is the site manager of H Co., Ltd. (hereinafter referred to as “H”) who is the original business of G Corporation.

Defendants are G construction materials owned by H from the damaged party at the J plant located in Asia-si around April 29, 2017 (hereinafter referred to as “construction materials in this case”).

(C) On May 13, 2017, the Plaintiff was required to remove the instant building materials for the purpose of rash processing, while the Plaintiff received and stored the total amount of KRW 269,227,000 from the Plaintiff.

Accordingly, around May 15, 2017, Defendant A is not easy to immediately seek substitution of the instant building materials with high-priced import materials, and if a power plant operation is delayed due to the delay in construction due to the delay in construction due to the lack of processing and supply of the instant building materials at the time of the manufacture of the instant building materials, Defendant A is willing to use the circumstance that the construction work should be delayed in the amount of KRW 300,000,000 per day, and Defendant B, an employee of the company, should not take out the building materials unless the construction cost of the said construction work is adjusted.

The Defendant B instructed the victim to deliver the word to the effect that “the victim” and the Defendant B urged the victim to take money from the victim by threatening the victim.

On May 15, 2017, Defendant B, according to the foregoing conspiracy, was frightened by transmitting a mobile phone text message to the purport that “no construction material may be shipped out unless the payment of construction cost is made with respect to the K Corporation” to the victim.

The Defendants conspired as above, thereby threatening the victim to threaten, thereby acquiring pecuniary profits at a notary public M& office located at the time L/402, May 16, 2017, 201, where the victim would pay 50,000,000 won to E, the Defendants received a certificate of monetary consumption lending and borrowing contract (No. 206, 2017) from the victim who suffered from drinking alcohol.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A witness F, N, andO.

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