The judgment of the court below is reversed.

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

Summary of Grounds for Appeal

A. With regard to the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (abscams, deadly weapons, etc.), the judgment of the court below which found the defendant guilty of this part of the charges is erroneous by misunderstanding the facts and affecting the conclusion of the judgment, in the absence of any evidence to acknowledge that there was no demand from the defendant, C, or G to waive the claim

B. The lower court’s sentencing (one-year imprisonment) is too unreasonable, even if not, on the other hand.

Judgment on misunderstanding of Facts

A. The summary of the facts charged in this part of the facts charged is that C is a representative director of F, a service company related to the redevelopment project of the above large group, and the defendant is an organization of the above "Emph" under the second title of the "Emph" violent organization in which the "E" company located in Busan Jin-gu, Busan.

The above F's directors, G, H, and I are officers, employees of the above Empha "Em".

The Victim J (E) came to know C by chance while carrying on the construction business in the first place, and around April 2008, C provided C with 80,000,000,000 won at the market price in possession of the money and provided BMW vehicle as security and fully repaid within one month at the request of C. The victim J (E, 57 years of age) borrowed 70,000,000 won from around that time to July 208.

However, as C does not provide a vehicle promised as security and did not pay the money on the repayment date, the victim demanded to pay the money in the F office operated by C in Busan-gu, Busan-gu.

Since then, while the victim was unable to receive the borrowed money from C for about three years, the victim demanded C to pay the borrowed money as the above F office around August 201, and C to pay the borrowed money to C, and C shall have two Buddhist assistant staff and the victim.