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(영문) 인천지방법원 2016.01.04 2015고단6376

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around 19:00 on December 2, 2014, the Defendant ordered a net state and liquor as if he would pay the food value at the E cafeteria operated by the victim D in Nam-gu Incheon Metropolitan City, Nam-gu.

However, the defendant did not have any intention or ability to pay the price even if he orders the net state.

As above, the Defendant: (a) received a total of KRW 9,00,000, such as 1 misunderstandings and 3,000 won per the market price from the injured party; (b) obtained a total of KRW 3,00,00, such as Co., Ltd., a small amount of KRW 13,00,00 in the market price, from the injured party; and (c) obtained it by deception until September 7, 2015, he received food equivalent to KRW 85,20,00 in total on six occasions, such as Co., Ltd. 1 of the attached Table 1.

2. On December 2014, the Defendant who interfered with the business was at the time of making an order for drinking and drinking in the E-cafeteria operated by the victim D in the Southern-gu Incheon Metropolitan City around 19:00, the Defendant did not pay money.

Police Flussur.

From October 3, 2015 to October 3, 2015, “Around October 2015,” she prevented the victim’s restaurant business by force over seven times in total, such as the second day of the List of Crimes in the attached Table 2.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of F, G, H, D, I, J, K, L, and M;

1. Application of Acts and subordinate statutes concerning telephone statement listening;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Each act in the holding No. 1: Article 347(1) of the Criminal Act (Options of imprisonment with labor);

(b) Each act listed in the judgment No. 2: Article 314(1) of the Criminal Act (Options of imprisonment with prison labor);

1. Not only has the criminal record of a fine due to a crime of fraud for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, but also, in particular, on June 29, 2012, the Incheon District Court was sentenced to imprisonment with prison labor for special robbery for three years, four years of suspended sentence, and on July 7, 2012, and the said judgment became final and conclusive on July 7, 2012, and is still under suspended sentence.