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(영문) 광주지방법원 2017.12.21 2017고단4680
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 1, 2017, the Defendant, at around 15:38, 2017, sent the same attitude to pay the price in a restaurant operated by the victim C in Nam-gu, Nam-gu, Gwangju, with no intent or ability to pay the drinking value, and by deceiving the victim through the method of ordering liquor, thereby deceiving the victim by means of ordering liquor, thereby deceiving the victim, and defrauding the victim by receiving alcoholic beverages of KRW 14,00,000 in total, including 14,00,000 from the victim.

2. On October 1, 2017, from around 15:38 to 16:55 on the same day, the Defendant was unable to smoke in the restaurant referred to in the above 1. 1., and the victim C cannot smoke from smoking, and the victim C cannot smoke.

Sheet. Chewing ... Chewing ....) Mereshed in a large so as to read, set down water cups and flapsings on the floor, set down salted fish, spiting eggs on the floor, let customers out of the floor, thereby obstructing the victim’s restaurant business for about 1 hour and 17 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment for each 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Subparagraph 1 of Article 44-2 and subparagraph 1 of Article 2-3 of the Act on the Protection, Observation, Medical Treatment, Care, etc. (the defendant, who has habited or are addicted to alcohol alcohol, needs to prevent re-offending through hospital treatment;

(1) The grounds for sentencing are the crimes of Category 1 (Crime of Fraud) [Scope of Recommendation] and the crimes of Category 1 (Crime of less than KRW 100,00) (Crime of less than KRW 100,00) and No 2 (Obstruction of Business Affairs) (Scope of Recommendation)] that there is no basic area (In June to one year and six months), and there is no basic area (Obstruction of Business Affairs) (In June to one year and six months) (Special Person of Sentencing).

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