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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged is a used car dealer.
On December 17, 2012, the Defendant sold a D Car with Drenst to the victim C(the age of 62).
However, on June 11, 2013, the victim filed a complaint against the Defendant by fraud or intimidation with respect to the sale and purchase of the said vehicle, and was notified of the Defendant’s appearance in the capacity of the Defendant on July 17, 2013.
On July 17, 2013, the Defendant sent a text message to the victim’s cell phone (E) to the victim’s cell phone (F) on July 23:3, 2013, and then sent the victim’s cell phone (E). If the Defendant did not withdraw the complaint by this note, the Defendant will immediately enter the following week. The Defendant was given the answer from a legal expert to the effect that the Defendant constitutes an accusation. The Defendant sent a text message to the effect that the Defendant is imprisonment with prison labor due to bad nature of the crime, and threatened the victim.
나. 피고인은 2013. 7. 21. 15:04에 같은 방법으로 피해자의 휴대전화에 '고소 취하하고, 돈 포기하고 카렌스 저당 해지서류 드릴 테니 저당 해지하고, 모든 걸 끝내세요. 아니면 무고죄로 끝까지 가고 카렌스는 대포차 됩니다. 보험료 차액은 ABS와 무관하다는 증빙자료가 있기에 무고죄가 성립됩니다. 저는 이제 라오스로 떠납니다. 제 입장에서는 사장님이 괘씸하지만 그동안 정을 생각해서 마지막으로 기회를 드리는 겁니다.'라는 내용의 문자메시지를 발송하여 피해자를 협박하였다.
2. Determination
A. According to the evidence submitted by the prosecutor and the defendant, the following facts are acknowledged.
1) Around December 17, 2012, the Defendant arranged C to purchase Drens used car and arrange C to purchase Drens used car. Since C is concerned about whether its creditor’s car is seized, the Defendant established a false collateral security on C’s car with the secured claim amount of KRW 2 million on December 24, 2012. 2) C was established at the Busan Police Station located on June 11, 2013.