A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 8, 2009, the Defendant, as a credit service provider, had a total of KRW 550 million against the representative of G in Chungcheongnam-do, Chungcheongbuk-do, with a total of KRW 50 million, but did not receive the said money from H, the Defendant received G’s business rights, facilities, landscaping facilities, etc. as a security for transfer. Of the same month, the Defendant received KRW 100 million, out of the said KRW 550 million, from H. Of the same month.

On the other hand, the agricultural partnershipJ, which was actually operated by the victim I, awarded a contract for G on October 2010 and completed the registration of ownership transfer on November 30, 2010, and received a decision to issue an order to deliver the above wedding hall against the defendant, H, etc. on or around December 31, 2010, the defendant refused to deliver the wedding hall on the ground that he received the above business rights, facilities, etc. as a security for transfer from H, and received the above money and interest that he did not pay to the victim.

피고인은 2011. 1. 5.경 충주시 K 3층에 있는 피해자 I의 사무실에 들어와 전화통화를 하며 전화통화의 상대방에게 “야 씹새끼야, 돈을 안 주면 칼로 목을 따란 말이야, 씨부랄놈아” 등의 욕설을 하여 험악한 분위기를 조성한 뒤 피해자에게 “내가 H에게 4억 5,000만 원을 빌려주었고, 그 담보로 예식장의 영업권, 시설물 일체 등을 양도받았다. H의 원금 및 이자 5억 5,000만 원을 대신 갚지 않으면 예식장 대리석 벽, 유리, 조명 등을 다 뜯어가고 영업을 하지 못하게 하겠다. 이걸 다시 다 하려면 15억 원 이상이 들어가게 될 것이다. H의 채무를 대신 변제하기 전까지는 예식장을 내놓을 수 없다”고 협박하였다.

Since then, until February 25, 2011, the Defendant made several calls to the victim and made intimidation to the effect that “if he does not pay the money as soon as possible, he would shoulder the wedding.” On February 25, 2011, the Defendant sent the victim’s office to G by carrying the victim on his own vehicle, and then shows a wedding.”