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(영문) 서울동부지방법원 2018.11.01 2018고단2969
폭력행위등처벌에관한법률위반(공동공갈)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On February 2, 2018, the defendant and the defendant-friendly B discovered the telephone contact number of the Internet catter in Seoul Metropolitan City through the Internet catter advertisement bulletin board of the catter in which entertainment establishments are promoted to receive money and valuables by visiting the persons related to the massage terminal by telephone.

Defendant and the above B, at the DPC room located in Yasan-gu, Seoul Special Metropolitan City on February 4, 2018, discovered the above telephone numbers, and could make the victim G of the 'F' in Jung-gu, Seoul Special Metropolitan City by telephone, and could make the victim G of the 'F' in relation to illegal business impossible to conduct the business by reporting 112 and close the door.

If you refuse to report, 112 declaration will be filed.

The victim G was threatened, such as “the content”.

Around February 22:46, 2018, Defendant Company received KRW 1,000,000 from H Treasury (I) account in the name of the Defendant from the victim G who frighted the victim jointly with the above B, and received KRW 20,525,000,00 from the victim G. In addition, the Defendant was issued a total of KRW 29,00 to the victim’s persons involved in the massage treatment place as indicated in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police to J;

1. Written statements;

1. Data on each account and each data on transactions;

1. Application of Acts and subordinate statutes to a report on investigation (the contents of text messages);

1. Relevant Article 2 (2) 3 of the Act on the Punishment of Violences, etc. and Selection of Imprisonment with prison labor under Article 350 (1) of the Criminal Act concerning facts constituting an offense;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances as the grounds for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime;

Unfavorable circumstances - The majority of the victims are the victims, and the total amount is considerably high.

The method of crime is planned, inefficient, and poor.

- repeatedly.

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