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(영문) 수원지방법원 2014.04.30 2014고정582
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 16, 2014, the Defendant was sentenced by the Suwon District Court to imprisonment with labor for the crime of interference with business, etc. and the judgment became final and conclusive on January 24, 2014.

1. On February 12, 2013, from around 12:30 to 13:45 on the same day, the Defendant: (a) was engaged in an act as if he/she would pay the price for alcoholic beverages and food in the “E” restaurant operated by the Victim D (V) located in Suwon (V) on the day; and (b) he/she did not have the intent or ability to pay the price for drinking and food in spite of his/her intent or ability to pay the price for drinking and food, and (c) he/she did not pay the price for drinking and food in ordering the amount equivalent to KRW 15,00,000, such as liquor 1 bottles and sugar; and

2. 업무방해 피고인은 위 1항과 같은 일시, 장소에서 피해자 D(남, 48세)이 음식대금을 지불하라고 하자 피해자에게 “나중에 갖다 준다. 나를 못믿냐, 왜 못 믿어”라며 큰소리를 질러 손님들에게 불안감을 주고, 피해자를 노려보며 “내가 뭘 잘못했느냐 너 나중에 두고 보자”며 시비를 걸면서 빈 소주병과 젓가락을 들어 때릴 듯이 움켜쥐는 등 위력으로 피해자의 식당 영업을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Receipts:

1. Previous records: Application of Acts and subordinate statutes governing the last sentence, concurrent decision (No. 13No. 5302, 13rd order 3173), and screen pictures printed out for consolidated cases;

1. Relevant Article 347 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (the point of fraud and the choice of fines) concerning the facts constituting an offense;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. Articles 70 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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