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(영문) 대전지방법원 홍성지원 2015.10.28 2015고정240
공갈
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 26, 2014, the Defendant, at around 11:30 on January 26, 2014, had the Victim C receive money from the Victim by advertising that the Victim C was found to have been dead in a restaurant operated by the Victim C, and then having the Victim C receive money from the Victim.

The Defendant, by making the victim’s phone, called “fabricly fababs....................., the Defendant, by making the victim enter the above apartment 408, and made the victim report to the Health System of the Office of Budget and Military Administration,” and received 700,000 won in cash from the victim, who was fabbageed, at around 12:40 on the same day.

Accordingly, the defendant was given property by threatening the victim.

2. On May 6, 2014, the Defendant: (a) had the victim G, the president of H, pay money as described in paragraph (1) at the remote premium site of the victim G; and (b) had the victim G, by telephone, “the victim G, who is the president of H, enter the National Federation of the Budget Agricultural Cooperatives located in the budget-raising branch; (c) had the victim go in the future; and (d) said the victim, “I would give a charge of KRW 1 million in cash,” and received KRW 300,000 from the food victim, namely, in cash.

Accordingly, the defendant was given property by threatening the victim.

Summary of Evidence

【Court No. 1】

1. Defendant's legal statement;

1. The police statement of C (the second fact at the time of sale);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant provisions of the Criminal Act and Article 350 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes committed on January 26, 2014 with heavier penalty);

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

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