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Reasons
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(영문) 대전지방법원 2016.05.04 2015고단3244 (1)
특수협박등
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2015 Highest 3244] On September 21, 2014, at around 23:40 on September 21, 2014, the Defendant observed that “D” operated by the Defendant in Seo-gu Daejeon, Daejeon: (a) in line with the Defendant’s backline F, 10 persons gather at the place of the Defendant’s postline, and visited Ga, etc., and (b) observed that 10 persons gather at that place, and f where f where f where f was f was fright and was fright to run in G, etc., and (c) took a knife (10cm in blade length) with a deadly weapon, and (d) made a noise, “I am dead,” and threatened the said G, etc. with danger and injury to the Defendant.

[2015 Highest 3613] The Defendant is a person who actually operated the HMW X6 car owned by Aju Capital Co., Ltd., Ltd., a company East Asia, holding by the lease agreement.

On August 18, 2011, the Defendant made a false statement to the victim I, at each of its flus office located in the Dong-dong, Seo-gu, Daejeon Special Metropolitan City on August 18, 2011, stating that “The Defendant would transfer the name of the lessee.”

However, on July 201, the Defendant had been aware of the fact that he could not transfer the name of the lessee against Aju Capital Co., Ltd., the Defendant had no intention or ability to transfer the name of the lessee of the said car.

Nevertheless, the Defendant, as such, by deceiving the victim, received 46 million won from the injured party in the name of the victim in return for the transfer of name.

Summary of Evidence

[2015 Highest 3244]

1. Statement of the defendant in the second public trial records;

1. Each protocol for the examination of a police officer in relation to G, J, K, L, M, N, P, and F (2015 order 3613);

1. Entry of a defendant in part in the protocol of second public trial;

1. Entry of part of the witness I in the third public trial protocol;

1. Investigation report (to attach a copy of suspect A-related records);

1. No. 1 and 2 of the evidence (the defendant and defense counsel did not have the intention to commit the crime of deception;

In the dispute, the defendant's statement by the prosecution (200 pages of evidence) and corporation.

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