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(영문) 서울남부지방법원 2013.04.25 2012고정4262
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 1, 2012, the Defendant: (a) around 12:40 on May 1, 2012, committed an act as if the Defendant ordered the victim’s blades to pay the blades to the victim at the D restaurant operated by the victim C in Guro

However, there was no intention or ability to pay the price from the beginning.

The Defendant ordered the victim to take a knife of 6,00 won.

As a result, the Defendant, by deceiving the victim, received property amounting to 6,000 won.

2. From 12:40 on the same day to 13:40 on the same day, the Defendant obstructed the victim’s restaurant business by force by avoiding a disturbance, such as “I are no money, so you are snicker Mahn, police snicker,” and allowing customers who were in the restaurant to get out of the restaurant, and preventing them from entering the restaurant.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes in writing C;

1. Relevant Article 347(1) and Article 314(1) of the Criminal Act concerning the crime, the choice of a fine for negligence, and the choice of a fine for negligence;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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