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(영문) 울산지방법원 2016.02.16 2016고단98

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 24, 2015, the Defendant was sentenced to six months of imprisonment by the Ulsan District Court for obstruction of business affairs, etc., and the execution of the sentence was terminated on November 22, 2015 at the Ulsan Detention House.

1. On November 29, 2015, the Defendant, at the convenience store operated by the victim D in Ulsan-gu, Ulsan-gu, Seoul-si, despite having no intent or ability to pay the value of the goods, by deceiving E, who is an employee, to be provided with tobacco equivalent to the amount of KRW 4,500 from E, that is, from which he/she was paid the value of the goods. The Defendant was provided with goods equivalent to the sum of KRW 9,500 per week, Category 1 C, Category 1, and Category 1, Group 1, and Type 1,500 per annum, by the same method as at around 14:45 on the same day.

Accordingly, the defendant acquired the property equivalent to 14,000 won in total from the damaged person.

2. On January 5, 2016, the Defendant: (a) entered the “H main shop” operated by the Victim G in Ulsan-gu, Ulsan-gu; (b) refused a request from the victim G to take out the cane and take out the cane, without the victim’s permission; and (c) refused the request from the victim to take out of the cane fump; and (d) whether the victim “Ie, Chewing,” and deemed to be “Ie, Chewing.”

The term "domination, etc." prevented customers from entering the door by avoiding disturbance, etc., and interfere with the victim's head office business for about 20 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G, E, and D;

1. Each written statement of G, I and J;

1. A report on investigation;

1. Receipts:

1. Previous records: Investigation report (the confirmation and report of the period of repeated crime against a suspect), personal identification and confinement status, and application of a copy of each written judgment to the 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. Article 35 of the Criminal Act for aggravated repeated crimes;

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 provides that a provisional payment order shall be issued.