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(영문) 대전지방법원 2016.11.17 2015고정1755
사기등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On September 2014, the Defendant issued an order for alcohol, alcohol, etc. at the “Djuk’s store operated by the Victim C (V, 43 years old) in Daejeon-gu, Daejeon-gu, for the following reasons: (a) the Defendant: (b) on the unclaimed order of 23:00.

However, the defendant did not have the intention or ability to pay the drinking value, etc., as if he were paid.

The Defendant, as such, by deceiving the victim, was provided with an alcoholic beverage equivalent to KRW 60,00 from the victim.

2. The Defendant interfered with business by force, such as: (a) under the influence of alcohol at a time, time, and place as set forth in paragraph (1); (b) the Defendant: (c) was unable to enter the said victim’s business for a period of one hour, by stating that the said victim’s business operation was obstructed by the Defendant, by failing to know the name of the customer who was in the said place by avoiding disturbance, or by failing to enter the said place.

3. On September 30, 2014, around 02:50 on September 30, 2014, the Defendant ordered alcohol, alcohol, etc. from the “Djuk store operated by the victim C in Daejeon Dong-gu, Daejeon.”

However, the defendant did not have the intention or ability to pay the drinking value, etc., as if he were paid.

The Defendant, by deceiving the victim as such, was provided with alcohol equivalent to 150,000 won by the victim.

4. The Defendant interfered with the business of the said victim by force, such as: (a) the said victim’s right to invalid home at a time and place, and (b) the said victim was unable to enter the entrance of the said victim, i.e., “h., young pets so that they can not be good; and (c) they could not enter the entrance and exit at the entrance.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of C;

1. Application of field photographs and Acts and subordinate statutes on receipts;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (Fraud point), Article 314(1) of the Criminal Act, and the selection of fines for negligence;

1. Article 37 of the Criminal Code among concurrent crimes.

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