beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
Reasons
The summary of the grounds for appeal is that the Defendant prepared a written agreement and received KRW 4.5 million in the name of director expenses, and did not borrow the above money against the victim E., the lower court found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
Judgment
Intimidation as a means of the crime of threat refers to the threat of harm and injury that is likely to be hot enough to restrict the freedom of decision-making or interfere with the freedom of decision-making. The realization of the harm and injury so notified does not necessarily require that it is unlawful. The realization of the harm and injury does not necessarily require that an actor demands the delivery of property or property benefits on the basis of his occupation, status, etc., and the other party’s refusal to comply with the demand by taking advantage of illegal consolation circumstances. The threat of harm and injury is also a threat of harm and injury even in a case where the notice of harm and injury is used as a means of the realization of right, and even if it is used as a means of the realization of right, if the notice of harm and injury and the means of executing the right exceed the permissible level or limit under social norms, if it exceeds the permissible level or limit under social norms.
(2) On May 24, 2012, the lower court and the first instance court’s evidence duly admitted and examined: (a) the J constructed a brick gate, a bridge, and a 12 square meter (hereinafter “the second floor building of this case”) on the ground of 240 square meters in Seodaemun-gu Seoul Special Metropolitan City, and a 10 square meters (hereinafter “the first floor building of this case”) of a reinforced concrete bridge, a reinforced concrete bridge, and a 10 square meters (hereinafter “the first floor building of this case”) of a single floor of this case; and (b) the victim succeeded to the buyer’s status of L and M as the wife of this case on May 20, 205, and the victim succeeded to the buyer’s status.