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(영문) 서울북부지방법원 2013.05.08 2012고정2980
공갈
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From October 2006 to March 201, the Defendant served as the secretary at the law firm D where the victim C, an attorney-at-law, works as the head of office.

After the withdrawal of the Defendant, the Defendant continuously demanded the victim to pay money in the name of incentives and retirement allowances payable to the victim. On July 10, 2012, the Defendant threatened the victim, such as “The head of the National Tax Service is holding in the National Tax Service. If the Defendant reported the crime of tax evasion to the National Tax Service. If the Defendant reported the crime of tax evasion to the National Tax Service, he would be given a monetary reward.” On the 12th of the same month, the Defendant got the victim from the “law firm D” office located on the fourth floor of the G building by sending the victim a check of KRW 20 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A protocol of examination of part of the defendant by prosecution;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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