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(영문) 서울동부지방법원 2018.08.13 2018고단1827
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

A and B shall be punished by imprisonment for eight months and by imprisonment for six months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A and Defendant B, who is a person operating a secondhand trading company in Suwon-si E in Suwon-si. The victim G (34 years of age) who was working for the said trading company with the secondhand ladr was embezzled in several times in 2017, and the amount of damage to the Defendants was 170 million won, and the victim was able to compensate only part of the amount, and neglected to compensate for large amount of damage. The victim was able to recover damage by borrowing loans under the name of the victim or his family members, and H and Defendant C were in company with Defendant A and B in order to assist the recovery of damage.

1. Defendant A’s coercion on February 13, 2018: (a) around February 13, 2018, Defendant A: (b) at the automobile trading company of the foregoing vehicle; (c) caused the victim to complete payment even if he/she sold allebs, such as eye, kids, and livers; (d)

If the parties fail to repay the debt, they would give up the body. The victim would not give any more opportunity to the width. The victim would not give any more opportunity than once, and if the victim requested to do so, the victim would have taken an attitude that would cause any harm to the body of the victim, and the victim frighted to take up a written waiver of the body.

As a result, Defendant A threatened the victim with an act of non-performance of obligation.

2. Defendant A and Defendant C conspired to commit a violation of the Punishment Act (joint coercion) such as the breadth of the Act on Punishment, etc. (hereinafter “Act”), and around the change of 16:00 hours on February 13, 2018, the said car trade company: (a) Defendant C is accompanied by the victim who requested the victim to prepare and receive money from a drinking-gu with the same threat as that of the preceding paragraph on the rooftop at the same time; (b) Defendant C is accompanied by the victim who requested the victim to receive money; and (c) Defendant A is the victim so that the victim may be detached from the victim’s certificate of seal impression.

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