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(영문) 서울남부지방법원 2015.06.10 2015고단1404
사기등
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. Fraud;

A. At around 02:30 on March 13, 2015, the Defendant ordered the victim’s instant restaurant operated by the victim D in Gangseo-gu Seoul Metropolitan Government, the Defendant ordered the victim to do the instant 1st century and the 1st century.

However, the defendant did not have any ability or intent to pay the food value even if he was provided with the food from the victim because he had no money.

The defendant was provided with the above food amounting to KRW 7,500 from the victim, and acquired financial benefits equivalent to the same amount.

나. 피고인은 2015. 3. 13. 19:00경 서울 강서구 F 피해자 G이 운영하는 'H' 중국음식점에서 피해자에게 짬뽕 1그릇과 소주 1병을 주문하였다.

However, the defendant did not have any ability or intent to pay food value even if he was provided with food from the victim because he had no money.

The defendant was provided with the above food amounting to KRW 9,00 from the victim, and acquired financial benefits equivalent to the same amount.

2. On March 13, 2015, from around 03:30 to around 04:18 of the same day, the Defendant obstructed the victim D’s restaurant business by force by force by allowing customers who were eating a disturbance to leave the said restaurant, such as drinking at the places listed in the above paragraph (a) of Article 1 and taking a bath to customers, and marching with a large sense.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partial police officers of the accused;

1. Statement of the police;

1. Each statement;

1. Application of receipts, photographs, and statutes;

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Grounds for the punishment under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] types 1 (less than KRW 100 million) in the mitigation area (one to one year), the mitigation area (one to one year), the mitigation area (the special mitigation area), or the damage recovery from a considerable part [the decision of sentencing] of the concurrent crimes;

1. The crime of interference with business is conducted.

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