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(영문) 수원지방법원 2014.12.17 2014고단3891
공갈등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 11, 2014, the Defendant demanded repayment of KRW 16,40,000 to the E-mail of the victim C’s operation located in Suwon-si, Suwon-si, the Defendant: (a) filed a complaint with the victim; (b) reported that the victim was operating the e-mail area in violation of the operating regulations and would have the e-mail store contract cancelled; and (c) transferred KRW 20,000,000 to the bank account in the name of the Defendant, by reporting that the victim was operating the e-mail area and would have the e-mail area in violation of the operating regulations; and (d) received money from the e-mail victim to the bank account in the name of the Defendant.

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

2. On April 11, 2014, the Defendant demanded KRW 20 million from the main point of “G” located in Suwon-si F to the victim in the same manner as described in paragraph 1, but the victim rejected and attempted the request.

Accordingly, the defendant attempted to receive property by threatening the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A detailed statement of passbook transactions;

1. Letters;

1. Application of Acts and subordinate statutes to investigation reports (H or I telephone statement);

1. Relevant legal provisions concerning facts constituting an offense and the point of approving the choice of punishment: Article 350 (1) of the Criminal Act that attempts to commit an offense: Articles 352 and 350 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Intimidation as a means of the crime of obstruction of reasoning for conviction under Articles 32(1) and (2), and 25(3)4 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of the Rejection of Application for Compensation (which is deemed unreasonable to issue an order for compensation in criminal proceedings) refers to the notification of harm and injury that is likely to be hot enough to restrict the freedom of decision-making or interfere with the freedom of decision-making, and the notification of harm and injury does not necessarily require that it be made in a way specified.

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