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(영문) 제주지방법원 2016.07.13 2015고정1068

사기등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On June 1, 2015, at around 02:15, the Defendant: (a) committed an act as if he/she would pay the drinking value in the “E amusement shop” operated by the victim D in Jeju, without intent or ability to pay the drinking value; and (b) ordered 3.50,000 won at the market price, and did not pay the drinking value; and (c) thereby, the Defendant acquired pecuniary benefits equivalent to the said amount by failing to pay the drinking value.

2. The Defendant interfered with the Defendant’s business by force, by leaving the date and time set forth in paragraph 1, at the place, with large interest, and shouldering glass cups, etc. on the tables, thereby obstructing the Victim D’s entertainment shop operation by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Written statements prepared in D;

1. Preparation of, and reporting on, recording of the telephone recording or investigation records, and investigation reports (on-site situations, etc.);

1. Application of receipts, related photographic Acts and subordinate statutes

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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