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(영문) 서울북부지방법원 2020.02.14 2020고단295
협박
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is that the Defendant is a licensed real estate agent running B real estate and becomes aware of the fact in the course of performing real estate brokerage services for the victims C (Nam, 60 years old) and about 10 years prior to the 10-year period.

On October 7, 2016, the Defendant traded with the purchaser and the site by introducing the victim at a non-place of Dobong-gu Seoul Metropolitan Government (hereinafter referred to as Dobong-gu) on a 3.8 million won or less, and made a call with the mobile phone (D) used by the victim on the ground that he was not repaid, and threatened the victim with the danger, such as “I am dyp, salp, salp, flap, and salphoe,” etc.

B. On October 1, 2016, the Defendant is above the Defendant’s place of not more than Dobong-gu Seoul, Dobong-gu.

For the same reasons as described in paragraph (1), in the currency with the victim, the victim threatened the victim with “pathoty typ, pins, spins, Chewing,” etc., and threatened him/her with any danger.

2. The facts charged in the instant case are those falling under Article 283(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 283(3) of the Criminal Act.

According to the records, it is recognized that the victim submitted a written withdrawal of complaint to the effect that he/she only agreed with the defendant on December 30, 2019, which was after the prosecution of this case was instituted. Thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 6 of the Criminal Procedure Act.

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