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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. On May 19, 2013, the Defendant: (a) was aware of the fact that he was a newspaper reporter of the facts charged; (b) obtained aggregate extraction by entering into a zone which was not permitted by the FFF in the Dispute Settlement Bank of Korea on March 19, 2013; and (c) received money from the said company; and (d) was delivered to the Defendant’s account by the Defendant for the purpose that, around January 16, 2014, the Defendant displayed a photograph of the said company’s regular director at the H coffee shop and the victim I, a joint investor, or photograph of the said company’s violation of the law during the process of collecting aggregate; and (c) stated that, “where this work is an article, it will not affect the company, it will inform the media company or viewing, etc. of the above field pictures; and (d) was issued to the Defendant’s account in the name of article 2,000,000 won from the victim.
Accordingly, the defendant was given property by threatening the victim.
2. The fact that the Defendant received KRW 2 million from F Co., Ltd. on January 16, 2014 is recognized.
However, considering the following circumstances revealed through records, it is insufficient to readily conclude that the evidence submitted by the prosecutor alone excludes reasonable doubt about the possibility that I would have delivered money to the defendant through free decision-making, and that the defendant was granted money from I by notifying the harm likely to restrict I’s freedom of decision-making or interfere with the freedom of decision-making.
The most flexible evidence corresponding to the facts charged in the instant case, which is insufficient to credibility of I’s statement, is the statement at the I’s investigative agency, etc. The main content is that “the Defendant paid KRW 200,000,000,00 in order to satise the issue, such as the permitted area, permitted volume, and scattering dust, by showing a photograph showing the F field boundary around January 13, 2014.”