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(영문) 서울중앙지방법원 2014.04.10 2013고단8016
공갈등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 8, 2012, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for embezzlement in the Suwon District Court, which became final and conclusive on December 27, 2012.

The Defendant, from January 2004 to June 2007, and from December 2008 to November 201, 201, worked as the head of an attorney-at-law office office of the victim D, the husband of the victim D, and retired from office due to the aggravation of the relationship with E.

After that, with respect to the complaint filed by F in three times from December 2010 to April 201, the defendant prepared the F's complaint and attended the investigation agency as a witness to make a statement, and E was detained by the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the government's prosecutor's office around November 8, 201 and was pending in the trial of the first instance.

On the other hand, around June 201, the Defendant was indicted for a charge of embezzlement of KRW 40 million in the name of a civil agreement at the Ansan District Court's Ansan District Office and was pending in the trial of the first instance court. The Defendant was in need of money to agree with the victim of the embezzlement case.

On November 1, 201 through December 12, 2011, the Defendant demanded the victim D to pay money by stating that “I would file a complaint with the other creditors E and additionally prosecute E. In the process of receiving a loan of 2 billion won from the large mutual savings bank, I would be charged with additional charges of 50 million won to employees of the large mutual savings bank in the process of receiving a loan from the large mutual savings bank,” and that “I would be able to process the agreement with F well and to give testimony in a trial.”

On December 30, 2011, at the law firm H office located in Seocho-gu Seoul, the Defendant gave testimony to the victim D on the requirement of the F Agreement, and if so, the Defendant’s position to make an agreement.

F and agreed upon, the request for release on bail will be made.

The agreement shall also be 50 million won interim but less agreed.

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