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(영문) 부산지방법원 2019.05.02 2019고정112
사기등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates a school in Busan Southern-gu B.

1. From June 14, 2018 to 17:45 on the same day, the Defendant interfered with his/her business. From around 16:00 on June 14, 2018, the Defendant entered a restaurant operated by the victim D in Busan Dong-gu, Busan. The Defendant interfered with the restaurant business for about 1 hour and 45 minutes by entering the restaurant, such as mixed with the E-cafeteria operated by the victim D, drinking while drinking alcohol and food, and drinking the customers on the side table.

2. The defrauded ordered the victim D to have the food value paid at the time and time as stated in the above 1. Paragraph (1).

However, the defendant did not have the intention or ability to pay the price even if he was provided with food and beverage.

The Defendant, by deceiving the victim as such, received from the victim the sum of KRW 31,00,00 in 15,00,000 from the victim’s place of satisfaction, and the sum of KRW 16,00,00 in 31,00,00 from the victim’s place of satisfaction. As such, the Defendant did not pay the amount, thereby acquiring property benefits.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 314 (1) of the Criminal Act of the corresponding Article 314 of the Criminal Act concerning the crime (the point of interference with business, the selection of fines) and Article 347 (1) of the Criminal Act (the point of fraud and the selection of

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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