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(영문) 대전지방법원 2016.09.28 2016고단1583 (1)
사기등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in collusion with B, at the “E” restaurant operated by the victim D (55 years old) located in Daejeon Jung-gu, Daejeon from April 24, 2016 to April 22:40, 2016, and at the “E” restaurant operated by the victim D (55 years old) located in Daejeon-gu, the Defendant, while drinking alcohol, was discharged from the floor on the floor of the small-scale ward, and the customer “C”

The death shall be discarded.

“I” means sound, “I am 19 years of age, I have sold alcohol to minors;

v. less suspension of business

“Flapsing off the clothes, cutting off the victim’s daughters, and seeing the victim’s daughters, “the same year”, and the photographing the appearance of the guest “scambling the scam,” and laid the alcohol and scams on the floor of the scambling and scambling disease, threatening customers on the floor, and harming them and harming them.

Accordingly, the Defendant conspiredd with B to interfere with the victim's operation of the restaurant for about 20 minutes by force.

2. In collusion with B, around April 24, 2016, the Defendant: (a) received the foregoing “E” restaurant; and (b) received the same as if he/she did not have the ability or intent to pay the price even if he/she received the alcoholic beverage and the alcoholic beverage; (c) ordered the alcoholic beverage and the alcoholic beverage to pay the price; and (d) obtained the delivery of alcoholic beverage and the alcoholic beverage equivalent to the total market price of KRW 51,00 from the injured party.

Summary of Evidence

1. The respective legal statements of the defendant and B;

1. Statement made by the police against D;

1. Application of simple receipts, business report certificates, on-site photographs, and Acts and subordinate statutes governing the head of a Tong;

1. Relevant legal provisions concerning criminal facts, Articles 314(1) and 30 (Interference with Business) of the Criminal Act, Articles 347(1) and 30 (Crime of Fraud) of the Criminal Act, and the choice of fines (the fact that there is no record of punishment as the primary offender, the fact that the fact of crime is recognized and reflected, and the fact that the amount of damage is relatively insignificant).

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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