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(영문) 수원지방법원 2013.07.12 2013고단1280
공갈등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the charge is not guilty.

Reasons

Criminal facts

1. On May 9, 2009, at around 20:00, the injured Defendant expressed a bath to the victim on the ground that the victim demanded the sale proceeds of long-term brain ginseng at the home of the victim E (52 years of age, n.e., s., s.) located in Chuncheon-si, Chuncheon-si, the victim was able to take care of the victim’s face, s.e., s., s., the victim’s s.g., s., s., and s.e., s., the victim’s s.b., s.b. and s., s.).

2. Around 20:00 on July 22, 2009, the injured Defendant inflicted injury on the victim’s face by drinking dynasium, etc., which was disputing the issue of return of the sales proceeds of cerebral ginseng with the victim at the above victim E, and caused injury to the victim, such as cerebral synas, which requires treatment for about three weeks, by breaking blap with flapsing blaps and cutting down the blap, etc.

3. Fraud;

A. On June 24, 2009, the Defendant made a false statement to the effect that “The Defendant, at the above victim E’s house, intends to borrow KRW 30 million to F due to lack of funds to newly construct a sub-building.” However, F requires guarantee, and real estate as security; and D will settle security within three months at the high seas.”

However, the defendant did not have any particular property at the time and there was no intention or ability to cancel the right of collateral by paying the loan to F even if the victim provided F with the collateral.

Nevertheless, the Defendant, by deceiving the victim, had the victim establish the right to collateral security with F as a collateral holder and the maximum amount of the claim amount as KRW 40 million with respect to real estate G in Gangseo-gu, Gangwon-gu, which is owned by the victim.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 40 million.

B. On July 24, 2011, the Defendant: (a) on July 24, 201, put the victim E in a mortgage on the part of the victim E with “arosch Rexroth that he/she was going to walk.”

b. Sheet.

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