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(영문) 대구지방법원 김천지원 2019.02.12 2018고정392

사기등

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

"2018 High Court 392"

1. On June 12, 2018, around 02:00 on June 12, 2018, the Defendant: (a) entered the D, operated by the victim C(44 years of age) in Gumi-si, Gumi-si; and (b) obtained pecuniary benefits equivalent to the same amount as he/she did not pay the drinking value because he/she did not have any intent or ability to pay the drinking value, even though he/she did not have any ability to pay the drinking value; (c) received an order for alcoholic beverages, such as an influence and an influence, such as an influence, and an influence and an inf

"2019, 300

2. On November 26, 2018, the Defendant: (a) around November 26, 201, at the “G” restaurant operated by the Victim F in Gumi-si on November 26, 2018; (b) instead of having the intent or ability to pay the purchase price, the Defendant was placed on the order of the 1stmbb, 1stm, and 4,000 won of the market price; and (c) obtained a total of 10,000 won of the market price by failing to pay the purchase price.

3. 업무방해 피고인은 제2항 기재 장소에서 피해자 H이 술을 더 주지 않는다는 이유로, 피해자에게 술을 달라고 하며 고성을 지르고 손으로 때리는 시늉을 하는 등 소란을 피워 위력으로 피해자의 식당 영업 업무를 방해하였다.

Summary of Evidence

"2018 High Court 392"

1. Defendant's legal statement;

1. C’s statement;

1. "Written report (as regards the attachment of photographs and receipts, 2019, 3)";

1. Defendant's legal statement;

1. A H statement;

1. Application of the Act and subordinate statutes to the investigation report (related to attaching receipts for food held by the suspect), investigation report (related to attaching ctv images), investigation report (related to attaching ctv images), investigation report (the confirmation of the president, etc. of the G cafeteria);

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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