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(영문) 서울중앙지방법원 2018.11.29 2018고단5791
폭력행위등처벌에관한법률위반(공동공갈)
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for one year and two months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

【Defendant B was sentenced to three years of imprisonment with prison labor for the crime of extortion, etc. at the Seoul Central District Court on February 27, 2015, and was sentenced to one year of imprisonment with prison labor for the execution of the above sentence in the case of the first intersection of the North North Korean Dos, the Daegu District Court sentenced on November 17, 2017 as an additional crime, and completed the execution of the sentence in the port prison on May 1, 2018.

【Criminal fact-finding: (a) the Defendants conspired to receive money from the proprietor of the massage place or the relevant persons by threatening to the effect that they would be “to make 112 reports on the business of sexual traffic” through telephone or text message with contact address posted for advertisement using the Internet; and (b) the Defendants conspired to receive money from the proprietor of the massage place or the relevant persons.

On May 11, 2018, the Defendants found out the contact address of the “E” place in Gangnam-gu Seoul, where Defendant A was posted on the Internet site of the “C” in the k5 knife B, at around 22:00 Simsan-si (hereinafter referred to as the “S”), and Defendant A made a hot spring by threatening the victim F, who called the victim F, to the effect that “I would report 112 without giving money.”

As above, the Defendants jointly threatened the said victim F with intimidation, received KRW 1 million from the Defendant F to the Saemaul Bank (Account Number H) account in the name of the Defendant A around 22:33 on the same day from the said victim F, and took over the said amount, and then reconciled the said amount, from around May 20, 2018, up to 10,000 won in total, as indicated in the list of crimes in the attached Table, from around May 20, 2018. The Defendants attempted to take the said victim F, and attempted to take the said amount once, and did not respond to the victim’s failure to take the said amount.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each police statement of F, I, J, K, L, M, N, andO (including copies thereof) 1.

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