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(영문) 의정부지방법원 2016.10.27 2015고정1821
사기등
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. In spite of the fact that the Defendant, from around 17:00 on February 25, 2015 to around 18:10 on the same day, received orders for food, etc. from D restaurants located in Guri-si C from around 17:00 to 18:10 on the same day, the Defendant, despite having no intent or ability to repay the orders, did not make payment to the victim E by ordering alcohol and food equivalent to the sum of KRW 25,00,00 in total, such as internal sugar, moet, mototh, small liquor, and

To the extent that there is no prejudice to the defendant's defense, part of the facts charged was corrected.

2. On the other hand, the Defendant continued to interfere with the business, at the same time and place as above 1, the victim E (the 49-year-old, South) who is the owner of the business (the 49-year-old, South) expressed a desire to have the victim in the business place among the defective and unspecified customers, fright to wear a plaque, and interfered with the restaurant business for about one hour.

3. The Defendant continued to receive 112 reports at the same time and place as set forth in the above paragraph (1) and demanded the payment of the drinking value by the victim G slope, a police officer affiliated with the FJE, who was called the FJE, and requested the payment of the drinking value, and the Defendant publicly insulting the victim by referring to “a bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch bitch

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Each police statement to G and E;

1. The defendant denies all the facts charged of this case (the defendant is only unable to admit the facts charged of this case, but did not state the exact purport thereof).

A) However, in full view of the evidence duly admitted and examined by the court, the above assertion by the defendant is not acceptable since it is sufficient to acknowledge the facts charged in the instant case. The application of the law is without merit

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for the crime;

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

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