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(영문) 서울동부지방법원 2014.04.24 2014고단610
폭력행위등처벌에관한법률위반(상습공갈)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 21, 2010, the Defendant was sentenced to imprisonment with prison labor for eight months and two years of suspension of execution with prison labor at the Seoul East Eastern District Court on January 21, 201, and on January 25, 2013, the Defendant was sentenced to a fine of KRW 1.5 million by the same court.

【Criminal Facts】

The defendant had a career of working as a bus driving engineer for several years, and it was well known that in the case of minor accidents, the defendant would be at a disadvantage when he/she received personnel affairs or allowances by reporting accidents in the bus company when a bus driving engineer reports accidents in the bus while driving, and in the case of a minor accident, he/she would be at a disadvantage when he/she receives personnel affairs or allowances.

Therefore, the Defendant, using the address of bus drivers as above, intentionally passed the bus in a bus and went through as if he was involved in an accident, and, as if he reported an accident to the bus company, was frightened to raise the agreed amount.

On April 19, 2012, at around 08:00, the Defendant: (a) boarded the F-city bus operated by the victim E (the age of 59) at the D bus stops located in Seongdong-gu Seoul Metropolitan Government; (b) opened the bus with a seat marked down in the seat; and (c) brought an appeal against the victim, knee, standing on the floor of the defective machine.

Since then, the defendant called the victim's bus company as the victim's medical expenses and demanded 1.50,000 won as the victim's name, and if the victim does not agree in cash, 1.50,000 won was transferred from the victim's account

In addition, the Defendant received 2,90,000 won in total from the victims over 13 occasions in the following manner, as stated in the list of crimes, from February 16, 2014.

Accordingly, the defendant habitually received the money from the victims who have habitually contributed to the victims, and received the money.

Summary of Evidence

1. Defendant's legal statement;

1. G, H, I, J.

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