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(영문) 인천지방법원 2020.02.06 2019고단5803
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

A Imprisonment with prison labor for a year and six months, and each of the defendants B and C shall be punished by imprisonment with prison labor for a year.

However, from the date this judgment has become final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 14, 2017, Defendant B was sentenced to a suspended sentence of ten months for fraud at the Busan District Court, and the above judgment became final and conclusive on May 5, 2018.

[B] Defendant A operates a used car brokerage business under the trade name of “E” in Michuhol-gu Incheon Metropolitan City D, and Defendant B and C were employees of the above E, and F is between Defendant B and C.

Defendant

A around November 30, 2014, when the victim G (the age of 44) was engaged in the secondhand trading business with the trade name "I" in the Nam-gu Incheon Metropolitan City H, the victim was assaulted while in office as an employee of the victim. On the condition that the victim did not file a criminal complaint against the defendant A, who was during the period of probation, at the time of suspension of execution, requested the victim to pay the total amount of the agreed amount to the victim.

Defendant

A, as seen above, while the victim took advantage of Defendant A’s weak points to pay a large amount of money under the pretext of agreement to the victim, the victim was aware that the driver’s license was revoked due to drunk driving and was not driving in ordinary without a license. As such, the victim was willing to raise money by using the weak points of the victim who intentionally caused a traffic accident while driving his/her vehicle.

【Criminal Facts】

Defendant

At the early of March 2018, A proposed that Defendant B and Defendant C transfer the “JMW 320D” vehicle owned by Defendant A, and the “KNSCC” vehicle owned by Defendant C, when Defendant B and Defendant C intentionally carried out an accident against the victim and receive the agreed amount from the victim, while stating that “G is without a license and driving under influence. The end is the same only once.”

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