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(영문) 수원지방법원 성남지원 2015.08.13 2015고단939

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On April 26, 201, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of interference with business in the Gyeyang Branch of the Suwon District Court for the crime of interference with business on September 14, 201, and was sentenced to five months by the Suwon District Court for the crime of interference with business on September 14, 2012, and the said judgment became final and conclusive on March 14, 2013, and the said suspended sentence was invalidated, and the execution of each of the said suspended sentence was terminated in the Gyeyang Prison on October 26, 2013.

【Criminal Facts】

1. On May 25, 2015, the Defendant issued an order to the victim as if he/she did not have the intent and ability to pay the drinking value, etc. and would normally pay the price at the “ECE store operated by the victim D” in Seongbuk-si, Sungnam-si, and the Defendant did not pay the price even if he/she received food equivalent to KRW 190,00,00 in total from the victim, including five diseases in beer, two diseases in beer, one week in beer, one week in beer, two workers engaged in entertainment, two hours in singing, etc.

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

2. From around 02:00 on May 26, 2015 to 02:15 on the same day, the Defendant was unable to calculate the drinking value under the influence of alcohol at the places listed in paragraph (1) from around 02:00 to around 02:15 on the same day, without any special reason, and was placed on a small wave, or placed on the table, sealed or microphones on the floor, and expressed a bath for customers who were attached to the string, and was able to leave the place.

Accordingly, the defendant interfered with the entertainment tavern business of the above victim by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Receipts:

1. Report on investigation, and application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, and Article 314(1) of the Criminal Act, the choice of imprisonment for a crime;

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

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

1. The scope of recommendations according to the sentencing criteria; and