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(영문) 인천지방법원 2016.06.23 2016고단2546
공갈등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant's 2016 Highest 2546 / [Presumption Facts] The victim C, a four-year ship of the defendant's elementary school, has served as a delivery engineer when he/she receives approximately KRW 1.5 million monthly salary from the D agency operated by his/her relative group with the aid of the victim.

On October 2014, the Defendant was urged by creditors to pay the loan amounting to approximately KRW 20 million as of October 2014, and only interest was required to be paid to KRW 1 million every month, but there was no particular income, and thus, it was decided that the Defendant used the above condition of the damaged party to receive money from the damaged party for his/her own debt repayment, etc.

[Criminal facts]

1. Around February 26, 2015, the Defendant made a false statement to the victim that “I start a business with B/S defect in the food-raising business. If I wish to do the food-raising business, I begin to receive a loan, and have repaid the loan with money.”

However, the defendant did not have a plan to operate a food business with the victim, and was a plan to receive money from the victim to use it for his/her personal debt repayment.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 6 million won from the victim on the same day from the victim; and (c) around that time, the Defendant got a total of 22,00,000,000 won from May 11, 2015, as indicated in the List of Crimes 1, as shown in the List of Crimes 1.

2. Around June 2015, the Defendant who will be able to obtain a loan from the victim, as described in paragraph 1, even though the victim is already unable to obtain a loan, the Defendant should continue to do so.

Moreover, “the victim is receiving a loan,” and the victim was forced to contact the defendant, and on June 29, 2015, the victim was found to be the customer working for the victim, and on which June 29, 2015, “I am this dog, why we contact;

(q).

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