2016 Madden68 Madden68 Madden, Madden

A

Kim Jong-soo (prosecution) and Kim Jong-Gyeong (Trial)

August 19, 2016

Defendant shall be punished by a fine not exceeding five million won.

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Criminal facts

1. Collaboration with victims B;

On October 1, 2012, the Defendant called the victim B (n, 43 years old) operated in Busan C at the Busan B (n, 43 years old), and called the victim's ‘D' to the head of the household, and sent 100,000 won to the bank account of the Defendant on the same day, on the part of the victim, "if the brea value is not returned, she will report it to the head of the food and medicine room."

As a result, the defendant got a 100,000 won delivery by threatening the victim.

2. Assaulting victims E;

On December 5, 2012, the Defendant called the victim E (n, 43 years old) operated in Busan Shipping Daegu F, Busan, and called the victim's ‘G' from the ‘G' point of the "G of the operation of the victim E (n, 43 years old) in the Busan F, the Defendant sent 50,000 won to the Defendant's bank account on the same day on the same day by stating that the wife would report it to the food and drug room. However, the Defendant would have to return only the bread value.'

As a result, the defendant got a 50,000 won delivery by threatening the victim.

3. Attempted assault to victims H;

Around March 5, 2014, the Defendant called the “J” to the “J” of the operation of the Victim H (L, 44 years old) located in the G of Kimhae-si in Busan, and falsely speaked that “the victim shall report to the Food and Drug Center if 20,000 won are not returned.” The Defendant attempted to receive KRW 20,000 won from the frighter to the Defendant’s bank account on the same day from the frighter to the Defendant’s bank account on the same day. However, the Defendant failed to comply with this, and did not commit an attempted crime.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Each police statement made to B, E, and H;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 350(1) of the Criminal Act (the point of conflict), Articles 352 and 350(1) of the Criminal Act (the point of conflict), Article 350(1) of the Criminal Act (the point of attempted conflict) (the selection of

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Justices Kim Don-do