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(영문) 인천지방법원 2016.01.21 2015고단7957
사기등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 3, 2015, around 09:30 on December 3, 2015, the Defendant: (a) in the “E cafeteria” operated by the victim D in the Southern-gu Incheon Metropolitan City, the Defendant, despite the absence of the intent or ability to pay the food cost, was able to pay the food cost properly; and (b) ordered the victim to be sprinked with the victim and 2 C.

As above, the defendant deceivings the victim as above, and acquired the victim from the victim with a total of KRW 14,00,00 in the same place, frying out with a total of KRW 14,00, and obtained a delivery of KRW 2 Byung.

2. The Defendant interfered with the business of the Defendant returned to the above restaurant at the above date, time, place, and the said restaurant, and took a bath for customers, booming a large voice, etc., and obstructed the victim D’s restaurant business by force by having the customers go to the said restaurant for about two hours.

3. In the situation where the Defendant was arrested as a current offender at the Incheon Southern-dong Police Station located in 668 as of December 3, 2015, the Defendant was subject to investigation in relation to other cases at the above police station’s rank and the InspectorF, and the Defendant was investigated in relation to other cases.

Among the victims of G, etc., the victim publicly insultingd the victim by referring to the victim as “Chewing sprinke, sprinke, and sprinke”.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Written statements of D;

1. A criminal investigation report (including accompanying photographs);

1. Application of bills, on-site photographs statutes;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), Article 311 of the Criminal Act (the point of insult) and the choice of imprisonment with prison labor 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and the order to attend a lecture, is that the Defendant, from August 2013 to November 2013, interfered with the operation and the order to attend a lecture 10 times.

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