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(영문) 전주지방법원 군산지원 2013.03.06 2013고정105
공갈등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around December 2010, the defendant received training from the victim B (the age of 49) and became aware of it.

1. On December 1, 201, the Defendant sent a phone call to the victim at an insular location, and sent it to the effect that “I will not communicate with the victim’s new members of the “C”, and if I will not comply with the promise, I would be able to compensate for the amount of 1.6 million won for the equipment cost paid for the Pacific work.” In relation to the car page operated by the victim to the effect that “I would not request the return of 1.6 million won for the equipment cost paid for the Pacific work.”

As such, the Defendant received 1.6 million won from a post office account (Account Number: D) in the name of the Defendant from the victim who frighted the victim and frighted thereto.

2. On August 24, 2012, the Defendant, who attempted to proceed, called the victim at an insular place and called the victim at around 10:40 on August 24, 2012, sent the message to the new members, deeming the benefit would vary from the agreement amount to five million won. If the agreement is not reached, the Defendant’s act would be repeated to the victim, such as “if the Defendant closed the car page operated by the Plaintiff and suspended the transmission of the message to the new members, the view of the benefit would vary from the agreement amount to the end.”

As a result, the defendant intending to attack the victim and receive five million won from the drinking victim, but the victim refused to do so.

Summary of Evidence

Application of the law to the defendant's legal statement, each police statement protocol No. B

1. Relevant provisions of criminal facts: Article 350 (1) of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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