A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

Around May 2018, the Defendant became aware of the Victim B (n, 66 years of age) and SNS, and maintained an internal relationship by using a mobile phone, taking a sexual intercourse several times from around that time, and transmitting the victim with a sexual intercourse, etc., and became aware of the fact that he/she was aware of his/her wife D, and was demanded to request the agreement from his/her female.

Accordingly, the Defendant, using a sexually related video recorded as above, had the victim pay money under the pretext of agreement, and from August 26, 2018, the Defendant had the same year from around August 26, 2018.

9. From May 1, 98, at the “F,” etc., the Defendant’s work in Tong-si, through phone calls to the wife, the video taken at the time of having a sexual intercourse with the width, and the wife demands the wife to have the amount of KRW 70,00,000,000, and if the wife does not reach an agreement, she shall have the body pictures, videos, etc. distributed to 50,000,000,000 won and sent it to the bank account to which he will prepare and inform the inside.”

On September 5, 2018, the Defendant got 3 million won from the Defendant’s bank account in the name of the Defendant at around 18:20 on September 5, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on deposit transactions;

1. Article 350 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. Aggravation factors according to the sentencing guidelines: The scope of recommendation [decision of types] according to the sentencing guidelines, [the category 1], and the amount below 30 million won (the amount of special punishment]: Where the method of punishment is very poor, the mitigation factors: the area of punishment not [the area of recommendation and the scope of recommendation], the area of punishment aggravated, six months to one year.

3. Determination of sentence: Six months of imprisonment with prison labor and two years of suspended sentence are very poor and the sentence results therefrom;