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(영문) 수원지방법원 2016.12.29 2016고정2222
공갈미수
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 14, 2015, the defendant, who was employed as the representative director by the victim B, was resigned from the above company.

While the Defendant was dissatisfied with his retirement from the above company, the Defendant posted a letter on the victim’s behalf of the public office, media, SNS, etc., describing “A” as the representative of the company in the public office, media, or SNS, with a view to demanding a considerable amount of money as retirement consolation money in addition to KRW 6 million in the overdue wages that should be paid, in addition to KRW 6 million in advance.

1. On January 28, 2016, the Defendant demanded the victim to pay 12,821,931 won, such as retirement allowances, calculated by the Defendant under the title “case of claiming retirement allowances and honorary retirement consolation benefits” with the victim’s cell phone, and KRW 177,620,520,451 won, including retirement allowances, up to February 19, 2016, in the event that the Defendant fails to implement it, the Defendant sent a written message to the victim to the effect that he/she will be tried through SNS and television media by filing a civil petition with the Ministry of Labor, the National Tax Service, and the National Tax Service for viewing, etc., and by sending the victim a text message to the effect that he/she will be tried through the SNS and TV media in order to defecienate the victim’s financial morals

The Defendant, as such, forced the victim to attack and withdraw the said money from the frighten victim, but the victim failed to comply with it, thereby having attempted to do so.

2. On May 31, 2016, when the Defendant demanded the victim’s cell phone to pay the amount of money such as the above retirement allowance and the honorary retirement consolation benefits, by June 15, 2016, the Defendant reported tax evasion to the National Tax Service against the victim, reported the victim’s tax evasion to the National Tax Service, reported the victim’s other company’s tax evasion to the National Tax Service, and sent the victim a text message to the effect that the victim’s other company would bring the victim a criminal charge of unfair labor practices, and other “A”.

The defendant attacked the victim with the above money from the victim frightened.

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