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(영문) 서울북부지방법원 2014.11.28 2013고단2690
공갈등
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 becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who conducts real estate business.

C Curriculum Association was at issue with various corruption and embezzlement of D pastors, who are the directors of the Seoul Central District Public Prosecutor's Office, and it was organized by E, which is a group of the members who oppose D pastors, and F, who is the complainant, filed a complaint with D pastors with the Seoul Central Public Prosecutor's Office, and due to this, E members frequently meet.

1. On October 27, 201, the Defendant violated the Attorney-at-Law Act: (a) around 22:00 on October 27, 201, at the H restaurant located in Gangnam-gu Seoul Metropolitan Government, the Defendant attended a meeting of the members of the “E” grouping the members of the members who oppose the D pastor, who are the members of the Chysium, and told the Chairperson, F, etc., of the E, who was the president, of the E in relation to the case of embezzlement, etc. of D pastors from E, “at-law was killed before he was dead; (b) at the public prosecutor’s office’s office’s request to the Director-General, he may prosecute D pastors for 15 days.”

On November 9, 201, the Defendant received KRW 5 million from E to a new bank account in the name of the Defendant’s wife under the name of the Defendant’s wife on November 9, 201.

As a result, the defendant was not a lawyer and received money and valuables under the pretext of solicitation in relation to an investigation case being handled by an investigative agency.

2. 공갈 피고인은 2011. 12. 초순경 피해자 J과 피해자 F에게 수차 전화하여 E에서 D 목사를 고소한 사건과 관련하여 로비를 하느라고 돈을 썼다면서 이를 돌려주지 않으면 교회에 가서 깽판을 치겠다,

To teach churchess;

In order to find the death of the deceased, it was threatened.

As above, the Defendant, by threatening the victims, received KRW 10 million on December 17, 201 from the victims of drinking, and KRW 5 million on December 19, 201 from the said victims to the account in the said I’s name.

Summary of Evidence

1. Each legal statement of the witness F, J and K;

1. Each legal statement of witness L, M, N,O, and P;

1. Statement of each prosecutorial statement concerning J and F;

1. Each police statement made to J and F;

1. A written confirmation of details of transactions and recording;

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