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(영문) 제주지방법원 2018.02.28 2017고단1970
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On March 18, 2017, around 20:20, the Defendant: (a) committed an act as if the Defendant would normally pay the amount at the “D” entertainment shop operated by the victim C (V) located in Jeju-si; and (b) ordered the two-jus and jus, etc.

However, the defendant did not have any intention or ability to pay the price even if he was provided with the two weeks and the owner of the vessel.

Nevertheless, the Defendant did not pay the amount of 400,000 won even after deceiving the victim as above and receiving the notification from the injured party on the two separate occasions. Thus, the Defendant acquired a total of 400,000 won of property benefits.

2. On March 18, 2017, the Defendant obstructed the victim’s main business by force by avoiding the disturbance between approximately 20 minutes, such as the victim’s clothes and flaps, and the flaps, when the said victim demanded payment of the drinking value at the place of the preceding paragraph, and thereby obstructing the victim’s main business by force.

3. On March 18, 2017, the Defendant: (a) was arrested as a current offender from G from the background leading up to the Jeju Police Station F District in the Dong-dong Police Station, which was dispatched after receiving 112 reports at the place of the preceding paragraph on March 18, 2017; and (b) was able to boom G’s bomb and boom, and the Defendant was able to boom his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement of the police statement related to G;

1. A written statement of C and E;

1. Application of relevant statements (D) Acts and subordinate statutes;

1. Selection of fines in consideration of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314(1) of the Criminal Act, the choice of fines (the point of obstructing the performance of official duties), the choice of fines for each type of crime (the point of impeding the performance of duties), the fact that there is no record of the same crime, the fact that there is no record of criminal acts, and the fact that there is an agreement with the victim of the crime of fraud and the obstruction of business, but the amount

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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