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(영문) 부산지방법원 2016.07.13 2016고정1295

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On September 3, 2015, the Defendant: (a) around 01:20 on September 3, 2015, the Defendant: (b) made the victim D (54) (the owner of the business believe that he would pay the drinking value; and (c) made the owner of the business believe that he would pay the drinking value; and (d) made the owner of the business believe that he would be able to pay the drinking value; and (e) made the owner of the business, a total of KRW 75,000 (5,000), such as 12 Cickju (40,000), 3 Pakju (30,000 won), and 75,000 won (30,000 won), and did not pay the drinking value.

2. On the ground that there have been a large drinking value at the same time and place as in the preceding paragraph, the Defendant interfered with the victim’s legitimate main duty by force until around 02:20 on the same day, by stating that “I will throw away the eye of the eye by spacker, and thrown two beer and one spacker on the table, which were on the table, in hand, carried out on the floor of the main room.” The Defendant interfered with the victim’s legitimate main duty by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on investigation reporting;

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;