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(영문) 수원지방법원 2016.06.22 2016고단966
공갈등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant was willing to borrow money from the victim B (39 tax) who became aware of through the term “the remainder of the terms” only, with the intention of borrowing money from the victim B (39 tax).

1. On November 20, 2015, the Defendant sent the victim B the Kakao Stockholm text messages from around 13:0 to 15:00 Flusium to the victim B.

Around 15:01 on the same day, the victim threatened the victim to the effect that he/she would know about the fact that he/she tried to have sexual intercourse through South Korea only without giving money, and received KRW 50,000 to the new bank account in the name of C in the name of 15:01 on the same day, and received KRW 50,000 from the agricultural bank account in the name of the defendant around 16:00 on the same day.

2. On November 22, 2015, the Defendant: (a) committed sexual indecent act on B’s wife D (the 33 years old age group) at the Young-gu, Young-gu, Young-gu, Suwon-si, 5:00, and (b) reported 500,000 won at the vehicle, and (b) reported 8,000 won as the original agreement; (c) the Defendant tried to threaten B to report 4,50,000 won to the police of the victim’s husband as if the victim did not give 4,50,000 won under the agreement; (d) the Defendant did not give 4,50,000 won to the victim’s husband, but did not give her money to the victim and did not intend to give her money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made with respect to B or D;

1. Application of statutes on the Kakao Stockholm messages and the details of passbook transactions;

1. Article 350(1) and Article 52 (Voluntary and Attempted Crimes) of the Criminal Act concerning the facts constituting an offense, and the selection of each fine for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Money is paid through intimidation, such as that only the reasons for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) will be known to the victim’s family through South Korea.

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