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(영문) 서울중앙지방법원 2018.04.19 2018고단946
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the "F commercial building" management committee located in Dongdaemun-gu Seoul Metropolitan Government, a person in charge of the management of the entry and departure of merchants, the allocation of store sites, etc., and Defendant B is the head of the above commercial building management committee, Defendant A's entry and departure management, the allocation of store sites, etc. under the direction of Defendant A.

The above F commercial building is a woman's clothing wholesale market on the 5th underground floor located within the "E", and the commercial operation committee has the authority to determine the entry and departure of the store and the location of the store, and does not have the right to renew the store lease contract to the merchants who do not have their mind, and thus forced leave the store, or transfer the store to the outside place with less visitors' understanding, etc. The shop's entry into the commercial building is in bad faith by giving disadvantages to the merchants. In addition, the merchants' entry into the commercial operation committee and the executive officer of the commercial operation committee and the working person of the defendant A and the working person would be at a disadvantage, such as failure to recontract or forced relocation of the store. Thus, the defendants' demand should be followed.

The Defendants knew that the merchants could not easily refuse their demand, and demanded the previous merchants who operated their businesses to move their stores, and had them receive money on the pretext of “promotion expenses (development expenses)”.

1. On March 2013, the Defendant committed the sole crime of Defendant B, at the office of the 5th floor shopping mall in Jung-gu Seoul Special Metropolitan City, and at the office of the 5th floor shopping mall in Seoul, Jung-gu, and at the 2nd floor of “F,” sent an attitude to the effect that “the Defendant would move the store to the 2nd floor below the ground and move the store to the 10 million won at development cost, and would have forced the store to move to the 10 million won without giving money.”

The defendant is the victim as above.

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