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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
1. On December 25, 2012, at around 10:30 on December 25, 2012, the Defendant ordered alcohol and alcohol as if the Defendant would pay the alcohol value, etc., despite the absence of the intent or ability to pay the alcohol value, etc. in the “D cafeteria” operated by the victim C in Gangseo-si B.
As such, the Defendant, by deceiving the victim, obtained the victim with 13,00 won in total from the victim, and obtained the victim with 13,000 won in the market price and 1,000 won in the same place.
2. On December 25, 2012, from around 10:00 to around 13:00, the Defendant: (a) expressed the victim C with a large interest in the aforementioned “D restaurant”; (b) expressed the victim C’s bath to “Chewingly and promptly”; (c) expressed the bath to the customers on the next table; and (d) coming to the instant “D restaurant”, thereby obstructing the victim’s restaurant business by force by avoiding disturbance for about three hours.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Application of the receipt statute
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. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (an aggravated punishment for concurrent crimes prescribed in grave fraud);
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;