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(영문) 광주지방법원 순천지원 2015.05.15 2015고정218

사기등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On December 26, 2014, at around 21:00, the Defendant: (a) committed an act of having the victim’s “Esing shop” in the “Esing shop”; (b) as if the Defendant would normally pay the amount, the Defendant ordered the victim to provide alcohol and the receipt of entertainment receptions; and (c) ordered the victim to provide entertainment receptions.

However, the defendant did not have an intention or ability to pay the price even if he was provided with alcoholic beverage, alcoholic beverage, or entertainment service.

As such, the Defendant, by deceiving the victim, received two weeks of the amount equivalent to KRW 5,90,00 in the market value from the victim, and acquired financial benefits equivalent to the same amount as the Defendant did not pay the amount despite being provided with entertainment reception service equivalent to KRW 30,000 in the market value.

2. On December 26, 2014, the Defendant interfered with the performance of duties: (a) caused disturbance, such as shouldering the tumbs in the instant 102 room from around 22:30 on the same day to 23:00 on the same day, on the ground that the said 102 room does not enter an entertainment receptionist; and (b) caused disturbance, such as shouldering the tumbs in the said room.

Accordingly, the defendant interfered with the entertainment tavern business of the victim D by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. A photograph and invoice of the damaged site;

1. Application of Acts and subordinate statutes to report on investigation (to listen to a victim's D phone statement);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime and Article 314 (1) of the Criminal Act;

1. Selection of an alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.