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(영문) 서울중앙지방법원 2017.05.18 2017고단1075
업무방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 9, 2016, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution on September 9, 2016, and the said judgment became final and conclusive on the 20th of the same month, and is still under suspended execution.

[2017 Highest 1075]

1. On February 14, 2017, at around 21:00, the Defendant placed an order of KRW 14,000,00, for the following reasons: (a) in the restaurant of “E” operated by the victim D (V, 47 years of age) located in Gwanak-gu, Seoul Special Metropolitan City; (b) as if the Defendant were to pay the amount to the victim, the Defendant placed an order of KRW 14,00,000, such as Credin 1

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the injured party.

The Defendant, as such, by deceiving the victim, was provided with alcohol and alcohol equivalent to 14,00 won at the market price from the victim, in other words, from the victim.

2. On February 14, 2017, from around 21:00 to around 22:30 of the same day, the Defendant: (a) ordered the said restaurant to take the victim with a single set of week 1 and the victim; (b) obstructed the Defendant’s business by drinking so that he would not promptly bring about food without any special reason; (c) “I am fright fright frights, dogs, frights, and fright frights,” and (d) took a bath to “I am fright frights, frights, and frights,” and (e) took a bath to 5 customers in the restaurant from around 23:00 of the same day to around 23:40 of the same day, and caused them to go out of the restaurant, thereby obstructing the Defendant’s business operation by force.

[2017 Highest 2133] On November 25, 2016, the Defendant interfered with the victim H’s business operated by the said restaurant by avoiding disturbance from “G” located in U.S. Dong-gu, U.S., U.S. on the highest speed of around 01:30 on November 25, 2016.

Summary of Evidence

[2017 Highest 1075]

1. Statement by the defendant in court;

1. Statement made with D;

1. A receipt of invoice and a report processing statement of 112 cases;

1. The investigation report (cash and in relation to the suspect's suspicion of fraud);

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