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(영문) 부산지방법원 2014.02.06 2013고정5986

사기등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 16, 2013, the Defendant committed the crime against the victim B: (a) around 14:05, the “Dju” operated by the victim B in Busan Dong-gu C and the second floor; (b) the Defendant, despite having no intent or ability to pay the alcohol value, etc. even if having ordered the victim to drink and share, was viewed as having paid the alcohol value normally to the victim; and (c) issued an order for alcohol and share; and (d) the Defendant acquired pecuniary benefits equivalent to the same amount after being provided with the victim’s total market value of at least 47,00 won.

2. Crimes against victims E;

A. From around 17:50 on July 29, 2013 to 18:22, the Defendant obstructed the victim’s restaurant business by force by preventing customers who intend to enter the restaurant by smoking in the “G restaurant” operated by the victim E in the Busan East-gu, Busan from entering the restaurant without any special reason.

B. The Defendant, despite the absence of the intent or ability to pay the drinking value, etc. even if he/she did not have the intent or ability to pay the drinking value from the victim even if he/she received an order from the victim of the foregoing date and time, he/she ordered the drinking price and received an order from the victim of the drinking and the drinking and the drinking and the drinking, and acquired the pecuniary benefit equivalent to the above amount after being provided with one studio with the total market value of 23,000 won

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;