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(영문) 서울서부지방법원 2012.06.15 2012고단1023

사기등

Text

A defendant shall be punished by imprisonment for four 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

On March 28, 2012, the Defendant was sentenced to a suspended sentence of 10 months in Seoul Western District Court, which was sentenced to 2 years of imprisonment for fraud, etc., and is now subject to a trial at the same court.

1. On May 15, 2012, around 22:00, the Defendant: (a) committed an act as if the Defendant would normally pay the victims D operation “E” in Eunpyeong-gu Seoul Metropolitan Government; and (b) ordered the victims to provide alcohol and alcohol.

However, the defendant did not have the intent or ability to pay the price even if he was provided with food ordered as above.

The Defendant, as such, by deceiving the victim, obtained the victim from the victim one another and acquired the victim one another by deceiving the victim one another at an amount equivalent to KRW 500c heading 10c heading and market value of KRW 8,000 at the market price.

2. From around 00:30 on May 16, 2012 to 01:30, the Defendant obstructed the victim’s restaurant business by force, such as threatening the victim to talk with the customers who are not aware of the victim’s and his/her name, “to find out who is inside the door-to-door,” and to restrain them from doing so, and demanding the victim to keep his/her disturbance and to keep the victim’s account by “to see whether he/she is her, her opening, her opening, and her visiting,” thereby interfering with the victim’s restaurant business by force.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of the receipt statute

1. Relevant Articles 347 (1) and 314 (1) of the Criminal Act concerning the facts constituting an offense.

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The defense counsel was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disorder or mental disability.