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(영문) 수원지방법원 성남지원 2019.09.24 2018고단1825
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

C A person shall be punished by imprisonment for one year.

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

Reasons

On May 1, 2019, the defendant was sentenced to a suspended sentence of six months due to the violation of the Military Service Act from the Sungnam Branch of Suwon District Court on May 1, 2019, and the above judgment became final and conclusive on May 9, 2019.

【Criminal Facts】

On October 30, 2018, the Defendant posted a false statement to the effect that “I will sell without a license,” by accessing F, a website for online goods sales, at the Gyeonggi-si E hotel in Gwangju-si, and that “I will send a without a license, if you deposit the price of the goods.”

However, there was no intention or ability to send up crowdfunding even if the Defendant received the payment from the victim because the Defendant did not have crowdfunding.

The Defendant is clear that the “436,000 won” stated in the indictment from the victim to G account (H) in the name of the Defendant is a clerical error in the “440,000 won” (Article 180-109, 114 of the Investigation Record), and it is determined that the correction as above does not infringe the Defendant’s right to defense. Thus, the Defendant’s correction ex officio without any changes in the indictment is to be made.

B From that time to October 31, 2018, “3,695,000 won” as stated in the indictment of KRW 3,691,00,00 in total, from that time, from that time, from October 31, 2018, is apparent that “3,691,000 won” is a clerical error in the indictment of KRW 3,691,00, such as the list of crimes in Annex 1, shall be corrected

was remitted.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant C’s legal statement

1. Each petition for I, J, K, L, M, D, and N;

1. A written statement of directors;

1. A transaction transfer statement;

1. Previous convictions in judgment: Investigation report (in the process of a suspect C trial), results from the inquiry into consolidated cases, application of statutes (Songnam-gu 2018 High Court Decision 2802);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Aggravation for concurrent crimes;

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