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(영문) 창원지방법원 2017.02.15 2015고단371
공갈등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 1991, the Defendant joined E Co., Ltd. operated by the victim D (hereinafter “victim”) and became an employee of the Busan place of business. From around 1997, the Defendant received goods from the victimized company and sold them.

On August 2012, the Defendant, by threatening the defective victim who could no longer supply the product, had the victim feel to have the Busan Total Sales Organization contract concluded in order to continuously receive the product by threatening the defective victim.

On September 2012, 2012, the Defendant called the victim at the E Busan office located in the Gangseo-gu Busan Metropolitan Government F, and “I have the same inside?”

In order to pay the price, it refers to "to file an accusation with the National Tax Service to undergo a tax investigation," and on the 13th of the same month, "E (State)" has induced the tax evasion of sales and taxes by acting as a business through any business entity, while managing it by proxy through the business entity.

When not accepting this, it sent a certificate of contents stating "it is inevitable to take tax, labor, and legal measures," and threatened the victim as if the defendant did not conclude the contract with the National Tax Service, etc.

On November 1, 2012, the Defendant entered into a contract with a food victim to supply goods from the time to September 11, 2014, and acquired a market price-oriented pecuniary profit.

[This part of the facts charged is that “The Defendant requires the victim frighten to drink to supply goods at a lower rate than 10-15% than other total sales agencies, and 10% of the price of goods that the total sales office paid to E at the request of the Defendant on November 1, 2012, and 5% of the price of goods that the total sales office paid to E at the sales office for six months thereafter, is entered into a sales agency contract, and the goods that the total sales office paid to E are supplied at a lower price than the total sales office from that time until September 11, 2014.

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