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(영문) 서울중앙지방법원 2016.04.18 2015고정569
상해등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, the charge of injury and damage to property shall be acquitted.

Reasons

Punishment of the crime

The Defendant: (a) was the customer at the management office of the “E” store B-216 located in Gangnam-gu Seoul Metropolitan Government D shop B-216, operated by the Victim C (54; (b) but did not receive a partial repayment from the victimized Party;

A. On September 12, 2013, at around 16:00 on September 12, 2013, the above skin management room operated by the injured party was found, and the victim was under management of the victim, stating that “h. H. h. h. h. h. h is a change of fraud and an gambling year, and the victim was made with the victim as a guest, and was under management of the skin management.”

F has not been properly managed and has been withdrawn;

B. On September 16, 2013, the above part management room was found at the end of the time, and the part management room was under the control of the victim's place of business in order to receive the loan from the damaged person by the method such as the above A., and to pay the loan.

G did not receive proper management of the victim and left the place of business, thereby hindering the victim's business at the place of business of the victim's room of management of the victim.

Summary of Evidence

1. Some statements made against the defendant during the police interrogation protocol;

1. Recording of C’s statement in the fourth public trial protocol;

1. Each legal statement of witness G and F;

1. Written confirmation of each fact of G and F;

1. List of customers;

1. Application of Acts and subordinate statutes to investigation reports (referring to witness H, I, and J telephone communications);

1. Article 314 (1) of the Criminal Act and the selection of fines for a crime under the relevant Act;

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. Penalty of one million won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act of the suspended sentence (a) (a degree of power of interference with business, and the Defendant’s lending of money exceeding KRW 100 million to the victim, and not receiving reimbursement of KRW 50 million, the Seoul Central District Court 2015 High Court 2032,3732 (Joint).

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