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(영문) 광주지방법원 순천지원 2016.06.16 2016고정167
공갈등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From September 2015, the Defendant: (a) from around September 2015, the Victim B, who was a woman, had been sexual intercourse with the Defendant’s male-gu C, with the intent to raise money.

On October 11, 2015, the Defendant sent KRW 2,000,000 to the mobile phone (E) used by the Defendant using the mobile phone (D) used by the Defendant, and sent a Kakao Stockholm message to the effect that “I would inform the husband of sexual intercourse without giving money.”

On October 11, 2015, the Defendant was issued KRW 500,000 to the “F account with a new bank in the name of the Defendant at around 22:49 on October 11, 2015 from the victim’s attack and drinking.”

2. The Defendant, who violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc., received KRW 500,000 from the injured party as stated in paragraph (1) of the criminal facts, and promised not to transmit the Defendant’s sexual intercourse with C to the victim, but the Defendant, from around 00:16 on December 18, 2015, planned not to transmit the Defendant’s sexual intercourse with C, however, the Defendant was using the mobile phone used by the Defendant from around 00:16 on December 18, 2015 to the mobile Kakao Stockholm message used by the Defendant’s mobile phone used by the Defendant

‘The 105 message was sent from 13:19 on the same day to 13:19 on the same day to make the husband know of the sexual intercourse, such as ‘the sexual intercourse'.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Inquiry of transaction details;

1. Application of the statutes governing the transmission and reception of Kakao Stockholm messages;

1. Relevant legal provisions of the Criminal Act, Article 350(1) of the Criminal Act, the promotion of the use of information and communications networks and the protection of information, etc., Articles 74(1)3 and 44-7(1)3 of the Act on Promotion of the Utilization of Information and Communications Network, and the selection of each fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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