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(영문) 창원지방법원 2017.11.30 2017고단2025
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 19, 2017, at the point of “E” for the operation of the victim D(E) on the 20:00 Kimhae-si, Kimhae-si, and the 2nd floor, the Defendant ordered beer, etc. as if he would normally pay the drinking value despite the absence of the ability and intent to pay the drinking value. Accordingly, the Defendant did not pay the said amount even if he was provided with beer 22 s and scam equivalent to the total market value of 194,000 won from the injured party.

Accordingly, the defendant deceivings the victim, thereby gaining pecuniary advantage equivalent to 194,000 won.

2. On May 20, 2017, at the places indicated in paragraph (1) around 01:30, the Defendant: (a) was provided with beer, etc. as above; and (b) was demanded by the injured party to pay the price; and (c) other customers in the above main points to whom the Defendant was demanded to pay the price.

Doz. Doz. Doz.

It was difficult to avoid a disturbance for about 30 minutes by putting the said customers out of the main place, such as “,” and putting them out of the main place.

Accordingly, the Defendant interfered with the victim's main business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 with labor, respectively;

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the final sentence due to the increase of multiple offenses for which there are no basic fields of crimes (referring to six months to one year and six months), the basic fields of crimes (referring to any person subject to special sentencing) (referring to any interference with his/her duties) of Class 2 (referring to any person subject to special sentencing) in the sentencing guidelines) [the scope of the recommended punishment] and the basic fields of crimes (referring to any interference with his/her duties) (referring to six months to one year and six months)] (referring to any person subject to special sentencing] of the sentencing guidelines: Imprisonment with prison labor for up to six months: two years and three months;

2. The age, sex, and environment of the defendant, the circumstances leading to the crime of this case, the means and result thereof, after the sentence was rendered.

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