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(영문) 광주지방법원 2015.10.23 2015고정1121
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Interference with business affairs, fraud, 2015 high-level 1121;

A. On November 27, 2014, from around 21:10 to 22:48, the Defendant interfered with the franchising business by force by having the customers who had entered the franchis by avoiding the disturbance, such as drinking in the franchis of the victim C’s franchis in Seo-gu, Seo-gu, Gwangju, and drinking in the franchis of the instant case, and drinking in the franchis of the instant case without any justifiable reason, and consecutively flading and talking to an unspecified customer who had been under the influence of drinking, and having continued flachising, and making the female customer enter the franchis.

B. The Defendant made a false statement that he would pay the victim C the price to the victim C at the date, time, and place referred to in the above paragraph (a).

However, there was no intention or ability to pay the price to the victim.

The Defendant, as such, by deceiving the victim as such, received goods equivalent to KRW 2,300 from the victim, such as the World Cup, in the same place.

2. On December 8, 2014, at around 22:45, the fraud Defendant made a false statement as if he/she would pay the victim the alcohol value and the alcohol value to the G restaurant operated by the Victim F (Age 62, n) in Gwangju Dong-gu, Gwangju Dong-gu, as if he/she would pay the victim the alcohol value.

However, there was no intention or ability to pay the price.

The Defendant, as such, by deceiving the victim, received from the victim a 12,000 Korean Supreme Court Decision 200Da12001111.

Summary of Evidence

1. A protocol concerning the police interrogation of each accused;

1. A written statement of C and F;

1. All on-site photographs;

1. Report of investigation, application of the Acts and subordinate statutes on receipts;

1. Relevant Article 314 (1) of the Criminal Act (the point of interference with business by force), Article 347 (1) of the Criminal Act (the point of fraud) and the selection of each fine for the crime;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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