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(영문) 울산지방법원 2017.09.25 2017고단2750

사기등

Text

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

Reasons

Punishment of the crime

On February 4, 2016, the Defendant was sentenced to six months of imprisonment with prison labor by the Ulsan District Court on February 4, 2016 and was sentenced to two years of suspension of execution on February 12, 2016, and the judgment becomes final and conclusive and is still under suspension of execution.

1. On June 14, 2016, around 15:00, the Defendant: (a) committed an act as if he would pay food value to the victim S who is an employee of the restaurant at the restaurant located in the R of Yangsan-si; and (b) ordered the Defendant to have the 1st head of a subdivision and a ju of a military unit.

However, the defendant did not have money at the time, so there was no intention or ability to pay the money even if he was provided with alcohol and food from the injured party.

After all, the Defendant, as seen above, by deceiving the victim and received the delivery of alcohol and food equivalent to the total market value of KRW 9,000 from the victim.

2. On June 2016, the Defendant interfered with the business affairs: “A victim’s cafeteria operated by the injured U in Yangsan city T” on the part of the Defendant at the restaurant operated by the injured party U in Yangsan city, the Defendant her seat and her seat. It is only that he/she has to sit.

“Along with the large sound, the customer who was on the next table was unable to undergo a disturbance for about one hour, such as paying a trial fee, etc.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer against U and S;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, reporting of a previous conviction in disposition, and reporting of the result thereof (period of suspension of execution);

1. Relevant Article 347 (1) of the Criminal Act, interference with the choice of punishment for a crime, and fraud in the choice of punishment: Article 314 (1) of the Criminal Act, and Article 314 (1) of the Criminal Act, and the choice of imprisonment;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. The second crime (Obstruction of Business) in the basic area (six months to one year and six months) of the sentencing guidelines for the first crime (the scope of recommendations) [the scope of punishment)] in the basic area of the first type (the scope of punishment is less than KRW 100 million) of the general fraud [the scope of recommendations] [the scope of punishment for the second type (Interference with Business]] in the basic area (6 months to one year and six months) (the special sentencing factor)] in the basic area (within six months to one year and six months]. The final result of the increase of punishment.