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(영문) 광주지방법원 2014.10.15 2014고단2694
사기등
Text

The sentence against the accused shall be three million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. The defrauded does not have cash or credit card and thus, despite the lack of intent or ability to pay the price even if he/she takes an order for drinking, the same month from May 7, 2014 to the same month;

8. From the time of 01:00 to the time of payment of the price in the “Cju” store located in the Seo-gu in Gwangju metropolitan area, the person ordered the alcoholic beverage and the alcoholic beverage, which was obtained from the victim D(31 years of age) to the 177,000 won in total from the market price, and acquired it by fraud.

2. On May 8, 2014, while under the influence of liquor around 11:50, the Defendant obstructed the victim’s restaurant business for about 30 minutes by force by entering the “G restaurant” of the victim F operation in Seo-gu, Seo-gu, Gwangju, stating that the victim’s disease in the area was collected out of the area, and putting the child out of the area, and putting five customers who found the place out of the area, and putting about 30 minutes out of the area, thereby obstructing the victim’s restaurant business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes written in F and D;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Fraud in holding judgment: Article 347(1) of the Criminal Act;

(b) Interference with business affairs in its holding: Article 314 (1) of the Criminal Act;

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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