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(영문) 서울중앙지방법원 2013.12.26 2013고단7524
공갈
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On May 2013, the Defendant: (a) asked sexual traffic establishments, such as massage treatment establishments, to report commercial sex acts by phone calls to such establishments; and (b) received money by means of “brining” methods; and (c) had the intent to raise money to sexual traffic establishments.

On May 28, 2013, at around 23:05, the Defendant called the “Eama treatment establishment” located in Gangnam-gu Seoul Metropolitan Government, which was discovered through the Internet search site at the Defendant’s home of Gyeyang-gu, Gyeyang-gu, Incheon, 104 703, from May 28, 2013 to the “Eama treatment establishment” located in Gangnam-gu, Seoul, and received KRW 200,000 from the victim F (the age of 37) who is the chief of management department to send money, and reported the fact of sexual traffic without sending money to the police. The Defendant received 20,000 won from the victim who was frighth from May 6, 2013 to Oct. 29, 2013 to receive KRW 10,930,000 in total over 68 times as indicated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to G, H, I, and J;

1. Each statement of K, L, M, N,O, P, Q, and R;

1. A copy of the F Statement, etc.;

1. Investigation report (Investigation of remitters S)

1. The application of statutes on details of transactions, details of transactions of national banks, community credit cooperatives, and details of transactions at post offices;

1. Article 350 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [decision of the type of punishment] - Where the degree of harm is weak - Where the degree of harm is weak - In the case of crimes for unspecified or multiple victims or for a considerable period of time (decision of the recommended area] basic area [decision of the recommended area] 6 months to 1 year [decision of the recommended area] - 6 months of imprisonment with prison labor and 2 years of suspended execution.

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