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(영문) 서울동부지방법원 2016.02.15 2015고단2679
공갈미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 14, 200, the defendant, as a partner of the victim C (64) with the victim, purchased 1407 square meters of stable site D in the name of the victim E, Hanam-si, and operated the logistics warehouse business by converting the said stable use site into the warehouse. However, on February 14, 2001, the defendant, as a partner of the victim C (64), requested half of the shares of the company as a result of the conflict arising from the liquidation of the partnership business.

On May 26, 2015, the Defendant “ 1 billion won in e.g., one billion won in e., one’s money and the other’s e.g., one’s e., one’s e.b.

In addition, from July 27, 2015 to July 27, 2015, the mobile phone text messages were sent up to 22 times in total to the victim, including sending the cell phone text messages stating "before search is made," and the cell phone text messages were sent up to the victim.

The defendant wanting to deliver 1.36 billion won from a person who suffered from frighten frighting, but the victim refused to do so.

In this regard, the defendant attempted to receive property by threatening the victim, but he attempted to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes concerning the contents of text messages and text messages;

1. Articles 352 and 350 (1) of the Criminal Act, inclusive, with respect to the relevant criminal facts and the choice of punishment;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. The gist of the argument of the Defendant and his defense counsel regarding the assertion of the protection and observation proviso of Article 62-2(1) and proviso of Article 62-2(2) of the Criminal Act is that the Defendant has the right to receive a return of money from the injured party due to the settlement of the business relationship. The Defendant’s sending each text message to the injured party is merely to indicate an appraisal that the Defendant is working, and it is to receive a return of the said settlement money.

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