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(영문) 서울중앙지방법원 2014.06.30 2014고정651
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 August 15, 2013, around 18:30 on August 15, 2013, the Defendant ordered alcohol and alcohol as if the Defendant would pay the victim’s drinking value to the “D” restaurant operated by the victim C in Jongno-gu Seoul Metropolitan Government.

However, the defendant did not have any intention or ability to pay the drinking value because he did not have any money under way.

As such, the Defendant deceiving the victim and was provided with an amount equivalent to KRW 33,00,00 from the victim, namely, one branch of a week, one branch of a week, and one branch of a week from the victim.

2. From around 19:00 on August 15, 2013 to 20:30 on the same day, the Defendant interfered with the business of the victim: (a) held the said victim’s restaurant; (b) held the alcohol and the alcohol with the alcohol; and (c) made three customers, who were on other tables, not drink any longer; and (d) made the customers unable to drink; and (e) made the victim, who calculated the drinking value, enter the restaurant by stating that “I do not have the alcohol value; and (e) prevented the victim, who is going to enter the restaurant, from entering the restaurant, by force, thereby obstructing the victim’s restaurant business by force.

Summary of Evidence

1. Some of the police interrogation protocol of the defendant;

1. Statement to C by the police;

1. Application of an invoice statute;

1. Article 347 (1) or 314 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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