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(영문) 부산지방법원 2015.11.12.선고 2015고단4543 판결
공갈,공갈미수
Cases

2015 Highest 4543 Gong300

Defendant

A

Prosecutor

Clerks, screening machines (public trial)

Defense Counsel

Law Firm B

Attorney in charge C

Imposition of Judgment

November 12, 2015

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

【Institution of Sanctions】

From May 2010 to June 2012, the Defendant voluntarily withdrawn after receiving a written petition from E, the president of the said D, to the effect that: (a) the Defendant works as the managing team vice head in D; (b) was in charge of the accounting, purchase management, etc. of the said D; and (c) around June 2012, the Defendant, “the Defendant, prepared by subordinate staff, and the members of the said fee, are not solely related to the Defendant and the members of the said fee, thereby acting as a malicious factor for the organizational development and company growth.”

The defendant thought that he mobilized his employees to retire from the office of ordinary work and prepared the above written petition. Around August 2012, the defendant sent a false note to the Republic of Korea E, which is the business partner of D's State, that he supplied the materials without entertainment and processing, to the Korean E's staff, and then sent a false note without any problem from the above Korean E's E's E's E' to the effect that D' had D employees audit from the above Korea E's E's E's E's E's E's E' from the above Korea's E's E's E's E's E' to list his family as a false employee in Busan', Busan' on September 2012, the defendant received a tax investigation by making minor information, such as "The income tax was omitted by falsely appropriating the personnel expenses in the way of registering his family as a false employee," and reported it to the Da's E's E's E's E's E' to get interference with the operation and operation of the D'.

1. Suppression;

On April 2014, the Defendant: (a) at the Changwon District Prosecutors’ Office located in Seongbuk-gu, Changwon-si, Changwon-si; (b) requested the National Health Insurance Corporation employees to reduce health insurance premiums; (c) delivered cash 200,000 won to the employees of the National Health Insurance Corporation; and (d) received an investigation as a witness with respect to the case of giving a bribe of KRW 72,000,00,000; (d) received money from the victim F (35 years of age) who was the director of the management team division, who was subordinate employee in the above D; and (e) did not have worked for outside hours or holidays for the period of his/her service in the above D; and (e) did not appear to have worked for the victim during the period of his/her service in the above D; and (e) did not appear to have paid money to the victim during the period of 10 days from May 20, 2010 to June 2, 2012, the Defendant sent the victim’s 20 hours and 14 days.

2. Attempted crimes;

On October 20, 2014, the defendant sent the above 30 billion won to the victim's 'J around 19:00, the victim's 'F will cause good things' and 'the victim's 'the victim's 's 's 'the 'the 'the 's 'the 'the 'the 'the '' will 'the 'the 'the '' will 'the 'the 'the 'the 'the '' will ' the 'the 'the '' 'the 1' 'the 'the 'the 'the 1' 'the 'the 'the 'the 'the 'the '' 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the '' of the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the 'the ' will will ' the 'the 'the '. 'the 'the 'the ' the 'the 'the 'the '. 'the 'the 'the 'the 'the '. 'the '.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the L and the K substitute part);

1. Each prosecutor's statement concerning L;

1. Statement of the police statement to K;

1. Each written petition;

1. Recording records;

1. Certificates of details of deposits;

Application of Statutes

1. Article applicable to criminal facts;

Articles 352 and 350 (1) of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 (Reasons for Sentencing) of the Criminal Act

[Scope of Recommendation] Type 1 (less than 30 million won) Special Diplomatic Area (at least 10th to 3th September)

[Special Persons under Way] Where the Criminal Code is extremely poor, and the victim has caused serious damage;

【Determination of Sentence】

Considering the following: (a) the motive and method of committing the instant crime is not very good; (b) the instant crime was committed by an imminent attack; (c) the instant crime was committed upon the victim’s death; and (d) even in the case of an attempted crime, if the victim did not die in light of the Defendant’s character and behavior and the trend of the case, it appears that the imminent attack continued; and (d) the Defendant’s intention to punish his bereaved family members is very strong since he did not receive any tolerance from his bereaved family members, etc.

Judges

Judges Cho Jae-chul

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