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(영문) 서울중앙지방법원 2015.12.28 2015고합679
특정경제범죄가중처벌등에관한법률위반(공갈)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant and E were aware that the victim F (59 years of age) is in a farm and in relation to the Bogeumjari Housing project implemented by Seoul Special Metropolitan City, the defendant and E were able to receive land compensation equivalent to 10 billion won.

On May 11, 2014, E had a minor relationship with G by inducing a victim to a neighboring mother of the Nam-gu, Incheon Metropolitan City.

On May 12, 2014, the victim called "G is a minor, G is a minor, G's mother has sexual intercourse with a minor, and this is intended to file a complaint. This is that "A is well treated by A, and therefore A is responsible for the daily treatment." The victim led the victim to request the agreement to the defendant.

피고인은 2014. 5. 12. E로부터 전화로 ‘피해자를 상대로 일을 꾸몄다. 피해자가 당신(피고인)을 신뢰하고 있으니 피해자로부터 가능한 많은 합의금을 받아내자’는 취지의 제안을 받고 수락하여, E와 위 내용과 같이 피해자를 공갈하여 합의금을 받아내기로 공모하였다.

On May 13, 2014, the Defendant, along with E, talked with E in the Ipact Office operated by the victim located in Gangnam-gu Seoul in Gangnam-gu, that “If there is no agreement on the fact that he has sexual intercourse with a minor, it shall be bound, as well as in newspapers, and shall be the best to agree.”

On May 14, 2014, the Defendant conspired with E to join the victim, and received KRW 500 million from a new bank account under the name of the Defendant on May 15, 2014, a total of KRW 1 million cashier’s checks at the above IB office. On May 15, 2014, the Defendant received KRW 500 million from a new bank account under the name of the Defendant.

【Defendant and E” (Evidence No. 492, 493) around May 11, 2014, in light of the fact that the Defendant directly received money from the victim and that the Defendant owns more than half of the money agreed upon, the Defendant and E.

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