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(영문) 서울남부지방법원 2012.10.26 2012고단215

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On October 5, 2011, the Defendant was sentenced to four months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on October 7, 201.

1. On January 15, 2012, the Defendant ordered alcohol and alcohol equivalent to KRW 810,000 in the market price at E ran tavern operated by the victim D, the victim D, who was the victim of Gangseo-gu Seoul Metropolitan City C 1, around 19:30.

When the defendant received alcohol and alcohol from the victim, the defendant ordered to do so without the intention or ability to pay the price.

As above, the Defendant deceptioned the victim and acquired the property amounting to KRW 810,000 at the market price from the victim, namely, the victim.

2. On June 16, 201, at around 21:10, the Defendant, at the “H” operated by the victim G in Pyeongtaek-si F and the second floor, committed as if he did not have an intent or ability to pay the drinking value, and ordered alcoholic beverages, etc., and obtained from the victim alcoholic beverages, etc. totaling KRW 330,000,00 from the victim, including the scarchi 2 disease, the scarchi 1 week, and the scarchi.

3. The Defendant, at the time, at the place of Paragraph 2, and after drinking, singing customers with music at the stage after drinking, putting them with microphones, putting them on the floor, shouldered the drinking branches, cups, etc., and then, the Defendant obstructed the victim’s main business by force by forcing the customers to go out of the main place, and by inducing them to go out of the main place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Criminal records;

1. Application of Acts and subordinate statutes to a report on investigation (written judgment and report on confirmation of the date of release);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the accused is not only punished by imprisonment with prison labor for the same kind of crime but also punished by a fine at several times.