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(영문) 의정부지방법원 2017.09.26 2017고단3752

사기등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant was sentenced to four months of imprisonment with prison labor by the Seoul Western District Court on the part of May 31, 2017, and completed the execution of the sentence in the Seoul Southern Southern District Court on August 2, 2017.

Criminal facts

1. On August 16, 2017, at the Government-Si around 21:10 on August 16, 2017, the Defendant, even though there was no cash or card to be settled in the water, by deceiving the victim as if he would make a normal settlement of the price, and ordered 1stma of the old day by deceiving him.

However, even if the defendant was provided with food from the injured party, he did not have the intent or ability to pay the price to the injured party.

The defendant was provided with 10,000 won in total and 10,000 won in the old day through the old day, and acquired it by fraud.

2. The Defendant: (a) obstructed the Defendant’s business by force by getting out of the victim’s candles by avoiding the disturbance between about 25 minutes, such as having the 21:15 on the same day from around 21:15 to around 21:40 on the same day, and having the other customers in the said candles, such as having danced, singing in a large amount on the center of the hole, and throwing the bed and sing on the table, and throwing the bed on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. CCTV images;

1. Interim invoice;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to criminal investigation reports (the confirmation of the date of release of a suspect);

1. Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for each crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the defendant has reached a number of identical criminal records and several times, and even if his/her previous convictions reach eight times, the execution of sentence for the same crime is complete.