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(영문) 의정부지방법원 2014.10.16 2014고정1501
사기등
Text

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

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

Reasons

Punishment of the crime

1. On March 20, 2014, the Defendant: (a) around 23:40 on March 20, 2014, at the “Dcafeteria operated by the victim C” in the Gyeonggi-do, the Defendant, despite having no intention or ability to pay the food value and alcohol value, ordered the victim to pay the food value and alcohol value, as if he/she had an intent or ability to pay the food value and alcohol value, and ordered the victim to pay the same amount equivalent to KRW 8,00,000.

Accordingly, the defendant, by deceiving the victim, obtained property benefits equivalent to the same amount.

The written indictment states that “the victim was ordered to be a 1ger and a 1st century, and the defendant received property by deceiving the victim,” but it is recognized that there is no disadvantage in guaranteeing the defendant’s actual right of defense even if it is stated above, it shall be stated ex officio as above without changing the indictment.

2. When the victim C demands payment of the food and drinking value to the Defendant at the same time and place as described in paragraph (1), the Defendant, who interfered with the business, was able to avoid a disturbance, and continued to attract the victim’s disease by having the victim go against, and threatening, other customers in the restaurant, such as Chewing flachie and flachie, and flachie, and flachieing with, drinking expenses.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the receipt statute

1. Article 347 (1) and Article 314 (1) of the Criminal Act of the relevant Act concerning criminal facts and the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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