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(영문) 수원지방법원 2013.06.12 2013고단81

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[2013Kadan81] From January 6, 2013 to 21:35 of the same day, the Defendant provided the victim with alcoholic beverages equivalent to KRW 43,00 in total amount of KRW 43,00,00, and acquired them with alcoholic beverages equivalent to KRW 43,00,00, even though he/she did not have the intent to pay the drinking value in the “Ecafeteria cafeteria operated by the victim D” operated by the victim D in Suwon-gu Suwon-si, Suwon-si, Suwon-si.

[2013Kadan105] On January 1, 2013, the Defendant interfered with the victim’s restaurant business by force, such as shouldering the beer’s disease and gathering the beer’s side of the table, etc., without any justifiable reason, at the H restaurant operated by the victim G in Suwon-si F, Suwon-si, Suwon-si.

[2013 Highest 1623] On April 14, 2013, the Defendant acquired financial benefits equivalent to the same amount by fraud from the victim as if he/she did not make payment of alcoholic beverages despite having no intent or ability to pay alcoholic beverages in spite of the fact that he/she had been operated by the victim J of the victim of the I building 103 in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the Defendant acquired financial benefits by fraud from the victim as if he/she did so.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D and G;

1. Lritten statements;

1. All on-site photographs;

1. Each receipt; and

1. Application of the text statutes;

1. Article 347 (1) of the Criminal Act; Article 314 (1) of the Criminal Act concerning the crime;

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, the defendant was sentenced to a summary order of a fine on several occasions due to his or her conductless and obstruction of business, and the court was sentenced to a two-time suspended sentence, and even if he or she was sentenced to a suspended sentence, he or she did not go through a sentence of a suspended sentence and did not again interfere with his or her business, he or she commits the same crime, and even during the suspended sentence period for the same kind of crime, he or she committed the same crime.