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(영문) 대구지방법원 2018.12.21 2018고단4882
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 25, 2018, the Defendant: (a) while drinking alcohol in the “D cafeteria” operated by the Victim C in Daegu Suwon-gu, Daegu-gu, the Defendant: (b) on September 25, 2018; and (c) without any particular reason, she spits the Defendant on the floor and spit the Defendant on the floor without any particular reason, with the victim’s drinking alcohol. The Defendant also does not drink according to drinking, following the Defendant’s drinking in the “D cafeteria” operated by the Victim C.

"Along about about 1 hour and 40 minutes, such as the collection of trial expenses, 3 to 4 customers who were eating at the place of their meal, and interfere with the victim's restaurant work by force.

2. The Defendant ordered alcohol and food equivalent to KRW 12,50,000 in total, as stated in paragraph 1, while working as if the victim would normally pay the alcohol value, etc. at the time and place.

However, the Defendant did not have a valid means of payment, such as cash and credit card at the time, and thus did not have the intent or ability to pay the price even if the order was issued by Kinin and Soon.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) delivered the victim with 1 1 mall and 1 spawn to the victim; and (c) did not pay the price, thereby acquiring property benefits equivalent to 12,500 won at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud), and the selection of fines 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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which were committed by the Defendant for the same type of crime, has a record of having been punished several times for the same crime, and even during the period of probation, the instant crime was committed, but the Defendant’s mistake is against himself/herself, and the degree of damage is not much serious.

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