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(영문) 광주지방법원 순천지원 2013.10.16 2013고단146
공갈등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 28, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) in the Support of the Gwangju District Court, and the judgment became final and conclusive on July 6, 2012.

Criminal facts

On October 2010, the Defendant believed the victim F (year 36)’s false statement to find and give a job to E, the Defendant’s wife of the Defendant, in the Company E, located in the Corporation, and paid KRW 60 million to the victim.

However, as the victim was unable to find employment C, the victim's act may be punished for fraud, with the knowledge that the victim's act would be threatened with employment fraud, thereby inducing the victim to raise further money in addition to the amount of damage.

1. On August 201, 201, the Defendant forced the victim to talk about the fact that he/she obtained 60 million won from the victim by phoneing to the victim at an infinite location at the time of drinking on August 2011, 201, and told that “The victim would bring the case to E company by sending all documents used by the victim to E company. The victim would bring the case to the police. The victim would bring a complaint to the police. The victim would have received money from the Defendant under the victim’s wife’s name, and is the victim’s wife is also an accomplice, and will also leave the victim’s complaint. The victim’s wife prepared for employment will also mislead the victim’s wife.”

Around that time, the victim's cell phone store operated by the victim in G was threatened with the above purpose.

Therefore, it has caused the victim of drinking fright to pay the principal amount of KRW 60 million, which he acquired by deception to the defendant until August 30, 2011, and additionally prepared a letter of statement that he/she shall repay the amount of KRW 60 million by September 30, 201 as well as the amount of mental damage.

Accordingly, the defendant threatened the victim to commit an act of non-performance of obligation.

2. The Defendant who attempted coercion on or around February 16, 2012 is the victim around August 201.

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