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(영문) 서울북부지방법원 2014.09.25 2014고단1535

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 5, 2014, at around 22:40, the Defendant obstructed the victim’s restaurant business by force, such as drinking at “E restaurant” operated by Seoul Special Metropolitan City, Nowon-gu C Victim D (M, 29 years of age) and drinking up to the next table without any justifiable reason, and subsequently obstructing the victim’s restaurant business by force.

2. The Defendant, at the same time and at the same place as above, was aware of the absence of balance on a debit card which had been held no more than 10,00 won in cash at the time and at the same time and place, and thus, was aware of the fact that there was no intention or ability to pay the purchase price by placing an order, and was unable to pay the purchase price to the victim, and acquired pecuniary benefits equivalent to the above amount because the Defendant did not pay the purchase price, even though he did not pay the purchase price, such as so forth and so on.

3. The Defendant, upon receiving a report to interfere with the duties at the above date, time, and place, expressed the victim G, a police officer affiliated with the Seoul Nowon Police Station F District District, expressed that “I am gymnasium and gymnas gymnas gymnas gymnas gymnas gymnas gymnas gymnas gymnas gymnas” to the victim on the ground that he would pay the drinking value to the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning G;

1. Written statements of D;

1. Application of an invoice statute;

1. Relevant Article of the Criminal Act and Articles 311, 314 (1), and 347 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Although there are several criminal records of the same kind of sentencing as the sentencing of Article 62(1) of the Criminal Act, the degree of damage does not seem significant, each of the crimes of this case in contingency under the influence of alcohol is committed, and it is against the law, etc. shall be determined like the order.