Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. On October 23, 2013, the Defendant, who was living together with the victim C (at the age of 42), called the victim residing in the north-gu, Busan at the time, and called “the victim’s text message and Kakax text, etc. stored in the cellphone are to be known to others” and demanded the victim to request KRW 1.5 million to change the victim’s 1.5 million, and then transferred KRW 700,000 to the post office account in the name of the Defendant.

2. 공갈미수 피고인은 2013. 12. 7. 14:26경 부산 북구 D 내에서, 피해자 C에게 사귈 때 사준 냉장고와 책상 값으로 150만 원을 달라고 요구하였다가 거절당하자 “휴대폰의 문자 메시지와 카톡 문자 등을 다른 사람에게 유포하겠다“라고 겁을 주어 피해자로부터 150만 원을 갈취하려고 하였으나, 그 뜻을 이루지 못하고 미수에 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of each police interrogation protocol against the accused;

1. Investigation report (investigation of recording records submitted by the victim);

1. Application of the Acts and subordinate statutes to the head of a Tong, text messages, recording records (investigative records No. 44);

1. Relevant Article 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act (the point of conflict), the choice of a fine for an offense, the choice of a fine, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Article 186 (1) of the Criminal Procedure Act;