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(영문) 서울남부지방법원 2018.08.08 2018고단315
공갈
Text

The defendant shall be innocent.

Reasons

1. On May 2016, the Defendant sent a text message stating that “I would know you would know you would know you would come to the wife of you would find at the home, I would see how I would know you would know you would know you would know you would see?” while maintaining a relationship with the victim B, who is a work partner, around the day of May 2016, that I would not act as the Defendant’s demand due to the participation in family events.”

On August 2016, 2016, the person was pregnant with the victim even though there was no pregnancy.

On January 2, 2017, when demanding the victim to pay KRW 20 million for surgery during pregnancy and for compensating for mental damage, the victim threatened the victim to the effect that “if he/she does not pay money, he/she will show his/her photograph at the same time to the pest family, and all of his/her efforts to leave the fright away from his/her house,” thereby receiving KRW 20 million from the person who suffered from frighting, to the bank account under the Defendant’s name on February 2, 2017, and passing it over.

2. The Defendant, from an investigative agency to this court, was to use the above KRW 20 million as B at the end of the Defendant, from the Hague to this court.

Inasmuch as sending the Defendant to the effect that it was not the Defendant’s settlement, the following facts are denied. The record reveals that: (a) the Defendant and B had a relationship with the Defendant from May 2016; and (b) even with the Defendant’s statement, the relationship between B and B continued to exist after February 2, 2017, when B remitted the Defendant amounting to KRW 20 million to the Defendant, and even after May 2, 2017, the Defendant informed the two persons to whom B’s spouse was his spouse; (c) however, the Defendant was completely terminated at around October 2017 or around November 1, 200; and (b) the Defendant and B filed a lawsuit against the Defendant claiming compensation for damages on account of the failure of their marriage relationship with the Defendant due to the unlawful act committed by the Defendant and B; and (d) according to the above written complaint, B transferred KRW 20,000,000 to the Defendant.

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