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(영문) 부산지방법원 동부지원 2014.10.29 2014고단1511

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 02:00 on July 27, 2014, the Defendant ordered the Defendant to take the disposition of the Republic of Korea with two weeks as if he would calculate the drinking value at D main points operated by the victim C in the second floor in Busan Southern-gu, Busan-gu. B.

However, at the time, there was no intention or ability to pay the price because he only holds the check with cash of 30,000 won and the check with no balance.

The Defendant, as above, by deceiving the victim, was provided with the alcohol equivalent to KRW 170,00 from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 27, 2014, from around 02:00 to around 02:45 of the same day, the Defendant: (a) when he escaped without having the drinking value; and (b) took a bath to the above E, she: (c) and (d) her employees; (b) she took a bath to the said E, she was “brecing to act like smoking,” and (c) her nameless customers who drink alcohol on the next table, who were drinking alcohol on the table, including “at least 40 minutes of drinking alcohol, candice, bed, and she was fright to drink.”

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Relevant provisions of the Criminal Act, Articles 347(1) and 314(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);

1. Probation and community service order under Article 62-2 of the Criminal Act (the possibility of repeating crimes in light of criminal records, drinking habits, etc.);