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(영문) 수원지방법원 2020.09.10 2020고단3961

사기등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 23:00 on April 2, 2020, the Defendant entered a “Ecafeteria” operated by the victim D in Suwon-si C, Suwon-si, and ordered the employees to pay the price normally.

However, the defendant and B did not have a means of payment, such as cash or credit card, and thus did not have the intent or ability to pay the price even if they were provided with alcoholic beverages as above.

The Defendant, in collusion with B, by deceiving a restaurant employee as above, received the victim with an alcoholic beverage in the aggregate amount of 25,000 won from the market price and acquired it by deception.

2. The Defendant was unable to avoid disturbance, such as interfering with his duties and causing damage to property, as described in paragraph (1), while drinking B and alcohol at “Ecafeteria” operated by the victim D, for the reason that he was unable to know, he was able to avoid disturbance, such as having a misunderstanding, a water tank, a chair, etc. on the floor.

As a result, the Defendant, in collusion with B, interfered with the operation of the restaurant by the victim by force of approximately 30 minutes, and destroyed the victim's misunderstanding, water storage room, etc., and damaged the property equivalent to the total market value of KRW 70,000 in the market price by destroying the victim's gate, water storage room, etc.

Summary of Evidence

1. A copy of the police interrogation protocol of the defendant in relation to B's legal statement F, a written statement of G - On-site photographs, - related photographic investigation report (verification of damaged material by destruction and damage), investigation report (verification of the CCTV in the cafeteria), and attached -CCTV photograph and - a CD one;

1. Investigation report (verification of details of summary judgment after release) and accompanying report - inquiry of immediate request for judgment, summary trial request, application of Acts and subordinate statutes requesting investigative cooperation (verification of details of summary judgment);

1. Articles 347(1) and 30(Fraud) of the Criminal Act, Articles 314(1) and 30(a) of the Criminal Act, Articles 366 and 30(a) of the Criminal Act, Articles 366 and 30(a) of the Criminal Act, the choice of each fine for a crime shall be followed.