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(영문) 부산지방법원 2014.08.07 2014고단4000

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 8, 2014, the Defendant: (a) around 12:05, at the E-cafeteria operated by the victim D in Busan Dong-gu, Busan; and (b) on the fact, the Defendant did not have a means to pay the amount of food, such as cash or credit card, even if he was supplied with food; (c) as if he did not have an intent or ability to pay the amount of food, he did so, even if he did not have the intent or ability to pay the amount of food, and was ordered to pay the amount of food normally; and (d) the Defendant ordered

2. The Defendant interfered with the business by force of the victim, who was demanded by the victim to pay the cost of food at the above date, time, and place, and the victim expressed the victim with a large voice, “the victim will not be free from money,” thereby avoiding disturbance, thereby interfering with the victim’s restaurant business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article 347(1) and Article 314(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (i.e., confession and reflectiveness, non-compliance with punishment, etc.);