(영문) 대전지방법원 2016.04.29 2015노1522 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2016.04.29 2015노1522

공갈등

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1. The judgment below is reversed.

2. The defendant shall be punished by a fine of two million won.

3. The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant had no knowledge of the fact that the injured party was aware that he received excessive service costs, thereby threatening the injured party to receive money.

2) As to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., the fact that the Defendant sent the victim a voice and text message, such as the list of crimes in the indictment, to the victim does not cause fear or apprehension.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. On January 10, 2013, the Defendant of this part of the facts charged with this part of the charge is aware that the Defendant was aware of the fact that he had been living together with the victim C, by manipulating the service cost by an influence, etc., while living together with the victim C, and then he was paid excessive service cost to the victim by construction (ju) or (ju) fluen public officials who provided the subcontract to the victim. However, the Defendant would be subject to punishment by reporting this fact to the prosecution, the Ministry of Labor, and the National Tax Service.

“Pasting” was frighten.

As such, the Defendant received a total of KRW 2 million from a person who frighted the victim, and received KRW 1.5 million from the Agricultural Cooperative Account (D) in the name of the Defendant, KRW 1.5 million in the same account around February 9, 2013, and KRW 3.5 million in the same account around February 25, 2013.

Accordingly, the defendant received property by threatening the victim.

2) On January 10, 2013, the Defendant was aware that the victim C, who was living together, committed an act of cutting off service costs, etc. with the victim C who was living together, and then was aware that he received an excessive amount of service costs from (i) construction for giving subcontract to the victim, or (ii) construction for giving subcontract to the victim, or (iii) construction for giving up service costs from (iv) public officials living together, and (iv) sending money to the victim.

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