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(영문) 서울서부지방법원 2016.04.15 2015고단1477
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 May 14, 2015, at around 06:40, the Defendant obstructed the victim’s restaurant business by smoking in the “D” restaurant operated by the victim C (59) located in Mapo-gu Seoul Metropolitan Government (hereinafter “D”) with a large voice in the future and dancing, and neglecting this, and interfering with the victim’s restaurant business by avoiding disturbance for about one hour.

2. The Defendant: (a) committed an act as if he had no intent or ability to pay the amount of food to the victim at the same time and place as referred to in the preceding paragraph; (b) had the victim paid the amount of food to the victim; and (c) had the victim paid the amount of food to the State of Congo, the State of Maritime Affairs and the State of Sowing, etc.; and (d) did not pay the said

Summary of Evidence

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to receipts, investigation reports (CCTV video data and the corresponding investigation of the suspect fee);

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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