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(영문) 의정부지방법원 고양지원 2015.11.06 2015고단1973
공갈등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who worked as an employee in the “E” of the victim D (Inn, 45 years old) operated in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, was willing to raise money from the victim using the drug points that the victim is running an illegal sex trading business in the said “E”.

1. At around 20:00 on March 11, 2015, the Defendant reported to the police that “I will change the amount of KRW 1,00,000,000 as retirement pay to the victim,” and reported to the victim that I would engage in illegal business in 112, the Defendant called “I will leave the victim to know the amount of KRW 1,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).”

The Defendant, as such, was delivered one million won as a passbook in the name of the Defendant, around March 18, 2015, to the victim who frighted the victim and frighted to frighten.

2. On March 31, 2015, the Defendant, around March 31, 2015, sent the victim, “I will report to the police any retirement allowance any more than one million won.”

The Defendant, as such, attempted to receive money from the victim by threatening the victim, but did not refuse and bring about an attempted crime.

Summary of Evidence

1. Defendant's legal statement (second time);

1. Statement of D police statement;

1. Recording notes;

1. 112 Report disposal slips, respectively;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 350 (1) of the Criminal Act (a point of conflict and choice of imprisonment), Articles 352 and 350 (1) of the Criminal Act (a point of attempted conflict and choice of imprisonment) concerning the crime;

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

1. The fact that the means and methods of the crime of sentencing under Article 62(1) of the Criminal Act are inadequate, and that the investigative agency denies the crime.

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