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(영문) 창원지방법원 2014.12.12 2014고단2553
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 15, 2014, the Defendant: (a) committed an act as if he/she did not have the intent or ability to pay the drinking value to the victim E in a restaurant “D” inside the Changwon-si 19:00; and (b) obtained the pecuniary benefit equivalent to KRW 46,000 from the victim by being provided with the victim’s 7 illness and the language room; and (c) obtained the pecuniary benefit equivalent to the said amount.

2. The Defendant interfered with business, at the same time and place, was required to pay the drinking value by the victim at a large voice, and the Defendant expressed a hump that “culp fecule, bringing the invoice and failing to meet the drinking value,” and obstructed the victim’s restaurant business for about two hours by avoiding the disturbance, and by moving the place and avoiding the drinking in the said restaurant.

3. On August 15, 2014, the Defendant refused to arrest the Defendant on the charge of obstruction of performance of official duties at the same place after receiving a report of 112 on August 15, 2014, the Defendant: (a) expressed that the Victim G, who was working for the Yongsan Police Station F District, did not comply with the arrest of the Defendant on the charge of obstruction of official duties; (b) expressed that “this sphers sphers are known to have been known”; and (c) expressed that “Isphers sphers are known to have been known”; and (d) expressed that Isphersphers

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes No. 1, 2, and 4 to the evidence list submitted by the prosecutor;

1. Relevant provisions on criminal facts, the fraud of the choice of punishment (Article 347(1) of the Criminal Act), interference with business (Article 314(1) of the Criminal Act), the obstruction of performance of official duties (Article 136(1) of the Criminal Act), the choice of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act on the suspended execution (i.e., the confession and reflection, the agreement with the victim of fraud and the crime of interference with business was reached, and the police officers were also dead, and there was no record of criminal punishment heavier than the suspended execution after 191, etc.);

1. Social service order under Article 62-2 of the Criminal Act;

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