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(영문) 광주지방법원 목포지원 2019.08.16 2019고단715
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On July 3, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of interference with business at the wooden Branch of the Gwangju District Court on April 3, 2015. On June 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for the crime of damage to public goods, fraud, and crime of interference with business at the wooden Branch of the Gwangju District Court on July 8, 2016, and the said judgment became final and conclusive on July 8, 2016, and the sentence of the said suspended sentence becomes null and void, and the execution of each of the said suspended sentence on February 24, 2017 is terminated. On August 21, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of interference with business at the same court on February 15,

【Criminal Facts】

1. On June 28, 2019, around 01:05, the Defendant: (a) committed a crime in a “D” restaurant operated by the victim C in Fapo City B, as if he/she did not have the intent or ability to pay the drinking value, but did not have the intention or ability to pay the drinking value, and (b) obtained and acquired the orders for the portion of 14,000 won in total by placing an order for the portion of 14,00 won.

2. At the date, time, time, and place specified in the above Paragraph 1 above, the Defendant expressed the victim’s desire to read “I will see why I will we have no food or drink, I will do so.” The Defendant interfered with the victim’s restaurant business by force by avoiding disturbance for about one hour, such as “I will spawn, I will spawn,” and making customers who were seated by the Defendant on the customer side of the Defendant left the restaurant out of the restaurant.”

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Food and substitute receipts, related photographs (the photographs at the time of the spacting type), and investigation reports (the confirmation of the contents of damage);

1. Previous records: Application of inquiry statements, such as criminal records, investigation reports (verification of criminal records of the same kind as suspects and repeated records);

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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