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(영문) 서울중앙지방법원 2016.04.28 2016고단1560
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On March 20, 2016, the Defendant: (a) around 05:00 on March 20, 2016, the Victim D in Jongno-gu Seoul Jongno-gu worked as an employee; (b) the Defendant was engaged in the act as if the Defendant would normally pay the amount to the victim despite the absence of the intent or ability to pay the said amount; and (c) the Defendant ordered a statement of the amount equivalent to KRW 8,000 in the market price of KRW 6,000 and the amount equivalent to the amount of KRW 8,00 in the market price to the extent that the Defendant would not have any intention or ability to pay the said amount. The Defendant was provided with alcohol and

Accordingly, the defendant was given property by deceiving the victim.

2. On March 20, 2016, from around 06:02 to around 06:14 on the same day, the Defendant interfered with the business of a woman restaurant by force by allowing customers who had drinking alcohol, such as lying the disturbance into the said restaurant and lying the floor, etc., under the influence of alcohol, even if the victim D presents the Defendant out of the restaurant, and by allowing them to enter the restaurant, and by preventing them from entering the restaurant.

3. On March 20, 2016, at around 06:14, the Defendant: (a) reported that he did not pay the alcohol value as above at the place specified in paragraph 1; and (b) sent to the scene by G police officers assigned to the Seoul Hyeung Police Station F boxes, who arrested the Defendant as a current offender, refused to board the patrol police officer at the process of arresting the Defendant as a current offender; (c) took once a week at the right face of the said G; and (d) taken a way to G.

As a result, the defendant interfered with the legitimate execution of duties concerning the dispatch duty of a police officer 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to CCTVs in a restaurant), CCTV outputs in a cafeteria (shots) and statutes;

1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of official duties) and Article 136(1) of the Criminal Act concerning the crime, shall be punished by imprisonment with labor.

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