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The defendant shall be innocent.
Reasons
1. Under the facts charged, the Defendant, as a member of the national federation C, was a person who was called ‘D’ between the starting area street shop in Seocho-gu, and the victim E (the age of 57) was a person who was working in the above region since Dec. 2, 2007.
While the Defendant demanded the victim to pay money from time to time, on May 2009, when the victim did not give money to the victim at an influence place, the Defendant saw that he could not engage in funeral services by taking advantage of the promotion of each of the above branches or by controlling the Gu office.
Around May 19, 2009, the Defendant received delivery of KRW 9,000,000 from an account in the name of F (G) designated by the Defendant, and received the delivery of KRW 16,181,000,000 from around that time to September 5, 2012 in the same manner as indicated in the separate crime list.
Accordingly, the defendant received property by threatening the victim.
2. Determination
A. The Defendant alleged that he received total of KRW 16,181,00 from the injured party as stated in the facts charged, but this is the money that the injured party borrowed to the Defendant for the purpose of corporate bonds play, and the Defendant has already repaid the principal amount and has denied the facts charged.
B. There is a written statement made by each prosecutor at the prosecution against the victim and H, which is directly admitted as evidence that the defendant received the instant money from the victim, by giving heavy judgment to the victim.
However, the victim appeared as a witness in this Court and stated that the money recorded in the list of crime awareness is the money paid to the defendant to change the business type (items) of the street store in which the victim was engaged, and again was in de facto marital relationship at that time.
H Hack Jina
On the other hand, the statement was made to H without asking for any particular reason, and the content of the crime list is that H was a personal transaction with the victim’s money.