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(영문) 부산지방법원 2019.07.05 2018고단4242 (1)
공갈미수등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a person who sells products such as a direction system. On September 2017, the defendant requested the victim E (at 56 years of age) who operates the Da heading of the Busan Dongdong-gu B Building C, and he stores the defendant's goods, etc. in the "D office" from that time. The defendant's goods, etc. were stored in the "D office" as if he was a staff member of D while running his business, and there was no fact that the defendant entered into an employment

Around November 2017, the Defendant demanded the victim to change the monthly salary of 6 million won from the office of “D,” and the victim refusing to request that the victim “I would see this fact if I would be known to the president of the hospital where I would work,” and around November 27, 2017, the victim “I would go to the hospital at the time when I would not resolve this month, and would go to the right angle. I would like to go to the hospital immediately upon the deposit of KRW 3 months of monthly salary and KRW 6 million from the 30th day before November 28, 2017, and would have come to the hospital. I would like to go to the hospital. I would like to directly send it to the president of the hospital, the labor office, who would have been responsible for the victim, and would have attempted to pay the victim a mobile phone by means of intimidation.” However, I would like to say that I would have refused to pay the victim to the hospital by means of intimidation.”

Summary of Evidence

1. The defendant's partial statement in the fourth protocol of trial;

1. Legal statement of witness E;

1. Partial statement of witness G;

1. Partial statement of each police suspect examination protocol against the accused;

1. Each investigation report (including submission of letters between a complainant and a suspect, submission of suspect data, attachment of documents on a complaint filed by the Ministry of Employment and Labor, attachment of records on a complaint filed by the Busan Eastern District Office, attachment of copies of records on a complaint filed by the Ministry of Employment and Labor, attachment of records on a public prosecutor’s decision on violation of the Labor Standards Act, attachment of documents attached thereto, and accompanying documents

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