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(영문) 창원지방법원 마산지원 2018.08.16 2018고정147
협박
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant and the victim C (the remaining, 53 years old) have long been able to work together at a private teaching institute located in the Changwon-gu, Changwon-si, Changwon-si and well-known to each other. The Defendant borrowed KRW 14.5 million from the injured party and did not pay the money, but did not pay the money in accordance with the loan.

On January 7, 2017, the Defendant sent letters to the E Press Planning and Publication Office, etc. in the window D of Changwon-si, one of which he/she performed, on the ground that the Defendant did not pay the said KRW 14.5 million and did not pay the money in accordance with the loan certificate, and the victim did not pay the Defendant the money in accordance with the loan certificate and the respective letter, using his/her mobile phone to the victim’s mobile phone to pay the money in return for the victim’s mobile phone. Moreover, the Defendant sent letters to the victim’s mobile phone using the victim’s mobile phone, stating “Is the flick, Is the knife, Is the knife knife knife knife knife knife” from that time to January 12, 2018.

The victim threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C Complaints;

1. Application of Acts and subordinate statutes to the contents of each letter;

1. Article 283 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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