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(영문) 대전지방법원 2018.09.20 2018고단2369
사기등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[criminal records] On November 16, 2016, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing the performance of official duties at the Daejeon District Court on September 13, 2017, and completed the execution of the sentence on September 13, 2017, and the same force was 37 times.

[Criminal facts]

1. On April 30, 2018, from around April 22:38, 2018 to around 22:50 of the same day, the Defendant interfered with his/her business shall drink alcohol to the victim with the convenience store working for the victim D in Seo-gu Daejeon, Seo-gu, Daejeon.

The victim obstructed the victim’s convenience store business for about 12 minutes by force by taking advantage of the victim’s disturbance, by taking the victim’s hand around the convenience store and by preventing the victim from performing the convenience store business.

2. Fraud;

A. On May 3, 2018, the Defendant: (a) around 21:00, at G cafeteria operated by the Victim F, in Seo-gu Daejeon, Daejeon; (b) even though the Defendant did not have any money that would pay the drinking value, etc. at the time or any other effective means of payment, the Defendant was engaged in as if the Victim F would normally pay the drinking value, etc.; and (c) thereby, the Defendant acquired economic benefits equivalent to the same amount by failing to pay the said amount, even if he was provided with alcohol and food of KRW 28,00,000, a total of KRW 15,000, a total of KRW 16,000, a market price of KRW 16,000, and a total of KRW 16,000, and a total of KRW 16,00,

B. On May 2, 2018, the Defendant: (a) around 14:00, at a restaurant operated by the victim H in Seo-gu Daejeon, Daejeon; and (b) even though the Defendant did not have any money to pay the drinking value, etc. at the time, or any other effective means of payment, the Defendant was engaged in as if the victim H would normally pay the drinking value, etc.; and (c) the Defendant was provided with 1700cccc 1700c 1,000c 1, 500c 3 C C C, 3 C, and 50c 3 C, c c sc sc sc sc sc sc sc sc sc sc sc sc s

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D.

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