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(영문) 의정부지방법원 2016.06.01 2016고단10
공갈미수
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who had been employed as a victim D (ju) E employee of the victim of the instant case from January 2015 to March 2015, 2015.

Around February 16, 2015, the Defendant entered into a trust agreement with the victim at the office (ju), and around that time, the Defendant agreed to transfer the ownership under the name of the victim (B) 401 and 402 (hereinafter “the instant loan”) and had the victim borrow KRW 235 million from the king Credit Cooperative as collateral, and on March 18, 2015, the victim borrowed the total amount of the loan to the king Credit Cooperative until July 31, 2015, and the agreement was concluded to transfer the instant loan again to the Defendant on April 14, 2015 (hereinafter “the instant agreement was concluded between the victim and the Defendant on May 14, 2015”) to exchange the instant loan under the name of the victim (hereinafter “the instant loan”). However, the Defendant’s agreement was concluded on May 25, 2015 to transfer the ownership under the name of the victim at the time of the exchange of the instant loan to the Defendant on April 14, 2015.

However, the title will be transferred by the above date, and the amount of KRW 30 million will be paid when the violation is committed.

There was no promise, and the exchange contract was not formed.

Nevertheless, on June 4, 2015, the Defendant was requested to transfer the title of the instant lending from the injured party who fully repaid the loans of KRW 235 million at the insular coffee shop located in Yang-dong at Yang-si on June 4, 2015, and the Defendant may not transfer the name unless he/she is aware of the penalty of KRW 30 million previously promised.

If a victim fails to pay KRW 30 million to the victim by July 31, 2015, on three occasions, including around June 8, 2015, around July 17, 2015, and around July 26, 2015, he/she shall either recover or recover the obligation through a legal procedure, unless he/she pays KRW 30 million to the victim by July 31, 2015.

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