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(영문) 수원지방법원 2017.10.19 2017고단4170

사기등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

1. On June 8, 2017, at around 15:10, the Defendant: (a) obstructed the victim’s restaurant business by avoiding disturbance by force, and obstructed the victim’s restaurant business for about 30 minutes, by driving the disturbance, such as drinking, drinking, kneing, kneing, and sound around customers.

2. The Defendant ordered the above victim’s food worth KRW 29,00,000, totaling KRW 29,000 per annum, at the above date, at the above time and place.

However, the defendant did not have any means of payment other than 6,000 won in cash at the time, so there was no intention or ability to pay the amount even if he received food from the injured party.

The defendant deceivings the victim as above and received food equivalent to 29,000 won in total from the injured party.

Summary of Evidence

1. Each investigation report (with respect to the on-site conditions, etc.) by the defendant's legal statement C, each investigation report (with respect to the time during which the business is obstructed, hearing the victim C telephone statements);

1. Application of Acts and subordinate statutes on field photographs of receipts notified by departments related to 112 report of the case;

1. Relevant Article 314(1) of the Criminal Act, 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, respectively, 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. Grounds for sentencing under Article 62(1) of the Criminal Act (the following grounds for sentencing, taking into account the circumstances favorable to the defendant);

1. The scope of the recommended punishment according to the sentencing guidelines for the crime No. 1 (Fraud) [the scope of the recommended punishment] in the mitigated area (one month to one year) of Class 1 (the amount less than 100 million won) [the scope of the recommended punishment] [the scope of the punishment] in the mitigated area (one month to eight months) (one month)] in the mitigated area (one-eight month), the mitigated area (one-eight month), [the scope of the recommended punishment] in the mitigated area (one month to eight months), the final sentencing due to the aggravation of the aggravated punishment for the multiple who are not subject to the aggravated punishment: the wife punishment and the recommended punishment for April.