The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding the defendant received 6 million won from the victim, but this is not voluntarily provided to the defendant who suffered stress due to the noise damage of the futures company operated by the victim as compensation for mental damage, and there is no fact that the defendant threatened the victim as stated in the facts charged in this case, thereby reconcing money and valuables.

Even if the defendant's intimidation is recognized, the time when the defendant received 3 million won from the victim on September 5, 2014 is not recognized as a causal relationship with the defendant's intimidation act at the time of two months after the defendant sent mobile phone letters to the victim.

Nevertheless, the judgment of the court below which recognized the defendant's crime of aggression is erroneous in misconception of facts.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. (1) The judgment on the assertion of mistake of facts (1) refers to a threat of harm and injury likely to be hot to the extent that the freedom of decision-making is restricted, or that it interferes with the freedom of execution of the will. The threat of harm and injury is sufficient if the perpetrator, even if not explicitly stated, should have the other party be aware of that it would cause harm and injury through speech or behavior. In a case where the perpetrator demands delivery of property or pecuniary benefits based on his/her occupation, status, etc. and the other party does not comply with the demand, the threat of harm and injury is also the case where the perpetrator would cause an accusation that there is a risk of being unfairly disadvantaged if the other party does not respond to the demand (see Supreme Court Decision 2010Do1374, Apr. 11, 2013).2) According to evidence duly adopted and investigated by the court below, according to the evidence duly adopted and investigated by the court below, the Defendant and his/her employees, such as the facts charged, are placed on G phone.