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(영문) 의정부지방법원 2012.05.30 2010고단1051
공갈
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 3, 2009, the Defendant was sentenced to six months of imprisonment for the crime of occupational embezzlement at the District Court of the Republic of Korea on September 3, 2009, and the said judgment became final and conclusive on November 6, 2009.

1. Around March 28, 2009, the Defendant was a person who was working as the headquarters auditor in Yangju-si, and found in the “F” stock farm operated by the victim E (the aged 46) in Yangju-si on March 28, 2009, and found the livestock excreta stored therein, and found the livestock excreta stored therein, and found the foreigner’s employees whose name is unknown at the same time, and did not contact with the foreigner.

At around 18:00 on the same day, the Defendant received the phone from the victim contact with the above employees, and returned to the above stock farm again, and demanded the victim to pay money for the purpose of expenses, while showing his/her status as C, and failing to file a complaint within one week, if he/she did not remove livestock excreta in the surrounding stock farm.

As such, the Defendant got a 200,000 won in cash from the victim who frightened the victim and received a delivery of 20,000 won in fright.

2. Around March 30, 2009, the Defendant, at around 18:00 on March 29, 2009, found again in the above stock farm, and told the victim that “I will not comply with the promise; why is why you will not comply with the promise; I will bring a charge against the victim”; and that “I will change the cost of the fluoring fluoring fluor, to demand KRW 3 million at the cost of the fluoring urine.”

The Defendant, as such, was delivered KRW 2 million from his wife G around 14:00 on March 30, 200 to the victim’s wife who frighted the victim and frighted the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E’s statement in the police interrogation protocol of the accused;

1. Each police statement of E and G;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 350 (1) of the Criminal Act selecting a penalty;

1. The Criminal Act dealing with concurrent crimes;

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