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(영문) 서울동부지방법원 2016.11.09 2016고정1001
공갈미수
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant sold a “Gu building” (hereinafter referred to as “D”) located in the Seoul Special Metropolitan City Gwangjin-gu to the victim C (n, 50 years of age), and also sold to the victim after being entrusted to the investment trust company of the “F hotel” located in Jung-gu Incheon Metropolitan City E (hereinafter referred to as “F hotel”).

Around August 3, 2014, the Defendant filed a petition with the Gwangjin-gu Office stating that “it has any defect in construction,” and received KRW 50 million from the victim under the pretext of withdrawal of the petition. Around October 13, 2014, the Defendant filed a lawsuit against the victim for a claim for the purchase price, etc. with respect to D and F hotel and is still pending in trial.

around October 14, 2015, the Defendant sent a certificate of content that stated that “Around the 3rd floor of the Defendant’s H General Certified Architect Office in Gwangjin-gu, Seoul, would prevent the victim from continuing to file a complaint, accusation, or civil complaint with the Gwangjin-gu Office and the Dong site inspection, and would be sentenced to punishment because the amount of illegal embezzlement would be too much so so that the victim would be sentenced to punishment, i.e., to receive a civil petition that may not be corrected, i., to continuously receive a civil petition such as D, by continuously sending it by mail to the victim.” However, the Defendant’s intimidationd the victim and received money to prevent the victim from filing the above civil petition, accusation, or civil complaint.”

Accordingly, the Defendant attempted to receive the above money from the victim by festing the victim, but did not bring about such intent and did not commit an attempted crime.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, I and J;

1. The certificate of contents sent by a suspect;

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