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(영문) 대구지방법원 안동지원 2015.05.29 2015고단233
공갈미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From February 1, 2015, the Defendant was frequently pointed out by the victim Co., Ltd. D, who had been employed as a scambling engineer from around February 1, 2015 due to work attitude, etc., and was requested to prepare a scambling at the time, and thereafter, the Defendant was able to raise the victim company by voluntarily withdrawing from around April 1, 2015.

On April 3, 2015, the Defendant calls to E (52 years of age), a field director of the Dispute Resolution Co., Ltd., a victim company, and calls to the E (52 years of age) for “the company will be faced with a malicious business that causes water pollution by treating slot drugs. When reporting this fact, monetary rewards may also be received, and the company shall not be reported. To dispose of the sludge filled by the company, it would prevent the company from covering 10 billions of cost and 100 millions of cost. If the company intends to dispose of the sludge filled by the company, the amount will be raised twice and three times by the Fme, the representative of the resident. On the face of 10,00 millions of cost, the Defendant tried to live in mountain, making it more considerably by making a report on the press, and eventually making it possible to close the company’s door.”

At around 11:50 on April 16, 2015, the Defendant continued to demand the payment of money on the following grounds: (a) the written statement to the effect that the victim company chief executive officer H (year 41) compensates for KRW 100 million in the victim company’s office; and (b) the statement to the effect that “any other person does not do so any other person; (c) does not do so; and (d) does not do so any other person.”

The Defendant, as above, intended to take cash 100 million won from the victim company because he was frighten to employees of the victim company, but the employees of the victim company did not report to the police, thereby resulting in attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement of I, H, and E;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

1. Criminal facts;

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