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(영문) 인천지방법원 부천지원 2014.10.24 2014고단1925
공갈
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the defendant came to know of the fact that the victim E, who was the defendant, had sexual intercourse with F, which was a pet of the defendant, he removed the money by threatening the victim with the loan.

On December 11, 2013, the Defendant called the victim and called "to know about the relation with F with F to the wife of the victim, and to file a complaint via communication." On December 14, 2013, the Defendant entered the H coffee shop located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-si without being aware of the victim's back investigation expenses, compensation, etc., with the victim's KRW 42.5 million, and went to the conference.

On December 23, 2013, 19:00, the victim's residence was found at the victim's wife, and the victim's wife was found to have been sexually ill. In other words, the victim's wife did not know about F's relationship with F.

On December 14, 2014, the Defendant received KRW 5,000,000 from the Defendant to the Agricultural Cooperative Account in the name of J used by the Defendant, i.e., the Defendant, who frighted the victim and frighted the victim, to transfer the amount of KRW 5,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the Acts and subordinate statutes on the results of the transfer to our bank;

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., confession of and reflect on a criminal conduct, there is no record of punishment for the same kind of crime, and deposit of KRW 5,00,000, which is the full amount of a compromise for the victim, etc.);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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