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(영문) 창원지방법원 2015.06.30 2015고단898

사기등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On February 11, 2015, around 20:00, the Defendant: (a) sent the attitude that the victim would have been able to pay the amount of food to the victim at the “D” restaurant operated by the victim C, which is linked to the Jinhae-si B, Changwon-si; and (b) ordered food, etc.

However, since the defendant did not have any means of payment at the time, there was no intention or ability to pay food, etc. even if he received food, etc. from the victim.

In other words, the Defendant was provided with two sonies from the victim, i.e., two sons and 39,000 market price of the small-scale one disease.

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

2. The Defendant interfered with the business of the Defendant, under the influence of force, interfered with the victim’s restaurant business by avoiding a disturbance for about 30 minutes, such as “I spacing, spacing, spacing,” etc. to customers who were in the said restaurant under the influence of alcohol at the time and time, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the text statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act and the selection of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the defendant had been punished several times for the same kind of crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the defendant committed the crime in this case again. However, the defendant's age, character and conduct, family environment, motive and circumstance of the crime, means and consequence of the crime, etc., together with all of the sentencing conditions as shown in the arguments, such as the defendant's age, character and conduct, family environment, motive and circumstance of the crime, after the crime,