사기등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
1. On December 22, 2017, the Defendant issued an order for alcohol and food equivalent to KRW 30,000,000 in total, 30,000,000, including 1,000,000, and 3,000,000,000,000,000,000,000,000,000,000,000,000 won.
However, the defendant did not have cash and did not have any other means of payment such as credit cards, so there was no intention or ability to pay the price.
The defendant deceivings the victim as above and acquired the alcohol and food equivalent to the above amount from the victim, namely, the victim.
2. The Defendant interfering with his duties is under the influence of alcohol at the above date, time, and place for about one hour.
“19 is to enter the door because there is no money”. “I will enter the door.”
“A fine of 5 million won is imposed only on the basis of an in-house without prison labor.”
The victim interfered with the business of the said victim’s restaurant by force by denying the disturbance and avoiding the disturbance.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A written statement;
1. Application of the receipt statute
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 choice of imprisonment for each crime;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. The scope of the recommended punishment according to the sentencing guidelines for the crimes falling under one of the crimes (Obstruction of Business Affairs) [the scope of the recommended punishment] falling under the category 1 of the basic area (Interference with Business Affairs) (6 months to one year and six months)] of the base area (the scope of the recommended punishment] of the second crime (the person subject to special sentencing] [the scope of the recommended punishment] of the mitigated area (1 month to one year) of the mitigated area (10 million won) [the person subject to special mitigation] of the mitigated area (1 month to one year] of the mitigated area (the scope of the recommendation] of the mitigated area, or where damage has been restored to a considerable part, the scope of the final sentencing due to the aggravation of multiple
2. The fact that the defendant recognized all of the crimes of this case and reflects his mistake, and the amount of fraud by the victim.