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(영문) 의정부지방법원 2017.06.22 2017고정829
폭력행위등처벌에관한법률위반(공동공갈)
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant and B and C conspired to receive money from the victim D as if they receive a loan through loan brokerage and to receive money as a loan intermediary fee.

Around 18:00 on May 14, 2015, the Defendant and B and C made a false statement to allow only the victims who wish to obtain the loan in the mutual influorial car page located in the Dong-dong-dong-dong-dong-si, and to pay only 30:40% interest. On May 15, 2015, the Defendant and C sent a telephone to the “E” lending company at the same location and changed the victims from the “E” company at the same location and made the “E” consultants respond to the personal information of the victims at the request of the “E” lending company counselor, and then sent the victim’s identification card and the head of passbook to the lending company to deposit KRW 7 million loans from the “E” to the head of the Tong-dong-gu.

The Defendant and B, and C, around 16:00 on the same day, in front of the mutual influences in the same location, the Defendant and B, and C were threatened the victim with a fee of five million won at the “E” lending company, and C, the victim, who is unable to pay the fee, by threatening the victim to “if the loan is revoked, the reduction of the fee must go to the house,” etc., and received KRW 4 million from the person who suffers from fluent damage.

Accordingly, the Defendant and B and C jointly adopted 4 million won in cash by threatening the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each protocol concerning the examination of suspect B or C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (the details of the withdrawal of victims and loans to the bank);

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 350 (1) of the Criminal Act, and Article 1.6 of the same Act

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