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(영문) 광주지방법원 2018.10.17 2018고단3095
폭력행위등처벌에관한법률위반(공동공갈)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a year and eight months;

2. Defendant B shall be punished by imprisonment for a year.

except that this shall not apply.

Reasons

Punishment of the crime

[Basic Facts] Defendant A is the representative director of D Co., Ltd. (hereinafter “D”) established with the main focus on the franchise business of the Chinese Language Research Institute. Defendant B is a person who married with Defendant A but divorced on August 16, 2017.

Defendant

A around July 2, 2013, after receiving an investment of KRW 250 million from the victim E and delivering 50 million interest to the victim’s wife F. The representative agreed to conduct a partnership business related to the Chinese Language Research Institute that Defendant A will be in charge of its operation. On September 2, 2013, the Plaintiff established the D 100 million capital around the mid-to mid-life mine G and the 7th floor of Gwangju, and the Plaintiff established the D Chinese Language Research Institute. However, around that time, at the victim’s request for liquidation, the Plaintiff terminated the partnership business agreement with the above contents and returned KRW 200 million out of the investment funds received from the victim. From the victim on December 2, 2013, the Defendant borrowed KRW 200 million from the victim on the loan of KRW 250 million, including the balance of KRW 50 million investment in D and KRW 2500,000,000,000 to the victim until September 13, 2014.

Meanwhile, Defendant A received KRW 220 million from H around January 3, 2017 and transferred all of the private teaching institute businesses including D’s workplace to the said H around October 12, 2017, while Defendant A operated D independently from around September 2013, and continued to operate it from around the second half of 2016, Defendant A received KRW 220 million from the victim, and transferred all of the private teaching institute businesses including D’s workplace to the said H. A around October 12, 2017.

[2] While the Defendants were under pressure to repay the increased debts, etc. in the course of operating the business of D, etc., the Defendants are trying to take money by threatening the victims to threaten the fact that the victims are the children of the founders of the affiliated Chinese language branch holding the Chinese language branch, and currently serving as the vice president of the said university, and acquire the interest right through the Chinese language branch affiliated with the said university.

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