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(영문) 서울동부지방법원 2014.11.20 2013고단2519
공갈
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who is in the position of adviser from F, which is a parking management company for underground parking lots in Gangdong-gu Seoul Metropolitan Government.

Around 15:00 on February 8, 2013, the Defendant stated, “Around 15:00, the Defendant: (a) the victim H (the head of a federation of commercial buildings; (b) the construction site made a civil petition that there was a large amount of dust and a high noise; and (c) if the Defendant wishes to continue the construction, the construction shall not be more than the construction without giving money to the person who is an employee of the Defendant, who is an employee of the Defendant, observe the said removal site; and (d) ordered the Defendant to prevent the construction from complying with the said removal site.

Therefore, the victim, who was frightened, remitted one million won to the bank account (K) in the name of J designated by the above I, and I withdrawn the above one million won check as 10,000 won, and at the car page where the trade name on the first floor of the building above E was unknown around that time.

Accordingly, the defendant was given property by threatening the victim.

Summary of Evidence

1. Each statement of witness I, L and M;

1. Each statement of witness H and N in the second protocol of the trial;

1. Statement by the prosecution concerning L;

1. Statement of the police officer to N, H, and I;

1. Each statement of theO and N;

1. Application of tax invoice Acts and subordinate statutes;

1. Article 350 (1) of the Criminal Act applicable to the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed by the defendant, who refers to the president of the federation of commercial buildings, and due to dust generation, etc. from the business operator removing commercial buildings, and the crime is not good, and the fact that the damage has not been recovered is disadvantageous to the defendant.

However, there is no criminal record other than punishment by a fine of 70,000 won due to a crime of injury, etc., and all the defendant's profits from crimes are personal.

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