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(영문) 의정부지방법원 2017.05.31 2016고단4175
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 12, 2016, at around 19:00, the Defendant was provided with food equivalent to KRW 42,00,00, by deceiving the victim by acting as if he/she did not have the intent and ability to pay the food value, and by acting as if he/she did not pay the food value.

2. At the time and place specified in the above paragraph 1, the Defendant with interference with his duties shall discarded the victim’s “this Chewing year, the same year, and the death of the victim.”

Along on about 30 minutes of “,” such as “Abret,” and abret the disturbance, so as to prevent customers from entering the restaurant by getting some of the customers who were in the restaurant, thereby interfering with the victim’s restaurant business by force.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment for each crime;

1. Offense of fraud: The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of Concurrent Punishment) of the Criminal Act for concurrent crimes [the scope of statutory punishment] 15 years or less [the type of fraud]: Interference with business affairs under the category 1 (less than KRW 100 million) of the general fraud among the fraudulent crime groups: Obstruction of business affairs among the interference with the general fraud group: Obstruction of business affairs [the scope of recommended]: Obstruction of business affairs among the interference with the crime group in the crime of fraud: Basic area: Obstruction of business affairs from June to June: From June to June 6: Imprisonment with labor for the basic area; 1 year and 6 months [Application of multiple crimes] from June to June 2 [1 year and June 9] [decision of suspension of execution after having been sentenced to imprisonment with prison labor for a period of 20 years or less from Seoul District Court on September 16, 2015]

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