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(영문) 서울서부지방법원 2017.07.26 2016고단4113
사기등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for up to 3 million won, for up to 6 months, and for up to 500,000 won.

The Defendants are the defendants.

Reasons

Punishment of the crime

[criminal record] On January 18, 2017, Defendant A was sentenced to a two-year suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on October 10, 201, and the decision became final and conclusive on the 26th day of the same month. Defendant B was sentenced to a four-month imprisonment for aiding and abetting fraud at the Seoul Western District Court on March 28, 2017 and became final and conclusive as is, on the 29th day of the same month.

[Criminal facts]

1. The Defendants jointly committed the crime at around 12:00 on October 7, 2016, entered a restaurant of the Seodaemun-gu Seoul Metropolitan Government F and the “H” restaurant operated by the victim G in the first floor and carried out alcohol and food, which led to dispute between Defendant A and Defendant B during drinking.

Defendant

B The defendant A expressed his desire to be able to see the iron plates on a customer who was on several occasions, and put them to the seat of other customers. The defendant A, in response to this, has expressed a desire to the defendant B, let the defendant B leave the hospital to the customer, let the other customers and the restaurant employees, and if the victim does not retire, he will report it to the police.

While Defendant B and Defendant A were removed, Defendant C expressed that “I am swaying, gasing, swaying, and swaying, I am swaying,” and swaying to “I am swaying,” and swaying, I am swaying, and Defendant A and Defendant B s also am humping to the victim, and swaying, I am humping to the victim, and swaying, I am humping to the customer who had swayd, or entered the place.

Accordingly, the Defendants conspired to interfere with the victim's restaurant business by force.

2. Defendant A’s sole criminal act committed on the date, time, and place described in paragraph 1, and on the basis of fact, the fact was committed as if the payment was made in spite of the absence of the intent or ability to pay the price despite the order of alcohol and food, and is 56.

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