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(영문) 수원지방법원 안산지원 2018.04.12 2018고정109

사기등

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 30, 2017, at around 15:45, the Defendant issued an order for alcohol and food with the victim’s “E” restaurant operated by the victim D in Sinh City, as if he/she had the intent or ability to pay the alcohol value to the victim.

However, the defendant did not have a means to pay the drinking value, such as cash or credit card, and thus did not have the ability to pay the drinking value even if he received an order for drinking and food.

Nevertheless, the defendant deceiving the victim as above and provided the victim with alcohol and food equivalent to 24,000 won in total, which is equivalent to the market price of 20,000 won.

2. The Defendant: (a) entered a customer at the date, time, place, and place specified in paragraph (1); (b) 30 minutes of the disturbance, such as: (c) putting the victim into the customer with a large interest of “packer fluoring, fluoring away, and fluoring fluoring,” and continuing to take the victim who was requested to pay the food costs from the victim, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in the D (not more than 15 pages of evidence records);

1. Application of Acts and subordinate statutes of receipts (16 pages of evidence records);

1. Article 347 (1) of the Criminal Act (the point of fraud, the selection of fines) and Article 314 (1) (the point of interference with business and the selection of fines) of the relevant Act on criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the Provisional Payment Order had been committed several times for the same kind of crime, it is not good that the defendant committed each of the crimes in this case again and the nature of the crime is not good.

Provided, That the amount of damage is small, the degree of crime is minor, and the punishment shall be determined as ordered in consideration of the agreement with the victim after the prosecution is instituted.