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(영문) 서울북부지방법원 2016.07.20 2016고단2107
사기등
Text

A defendant shall be punished by imprisonment for not more than four months and a fine not exceeding one hundred thousand won.

However, the above imprisonment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 20, 2016, the Defendant: (a) around 14:00, the Defendant committed an act as if he/she did not have the intent or ability to pay the price, even if he/she drinks food at the “E” restaurant operated by the victim D in Seoul, China-gu; and (b) ordered the victim to pay the price; and (c) was provided with the victim’s money worth KRW 5,00,000.

Accordingly, the defendant deceivings the victim to acquire the food amounting to 5,00 won.

2. The Defendant violated the Punishment of Minor Offenses Act without questioning him of the date and time set forth in the above paragraph (1) above, and the circumstances leading up to the F police box called up after receiving the above D’s report, and the reason why he did not pay the food costs under the above paragraph (1), and without questioning him of the reason why he did not pay the food costs under the above paragraph (1), the Defendant gets off the way to a vehicle going up before and after the above restaurant, and takes a attitude to stop up and see the retail of the above G which prevents him, and takes a attitude to stop up for drinking, and the above police officers and the police officers passing up the above police officers “I saw, do not get out of the tin.”

The term "the Si gue gue gue", which is a very rough and disorderly speech or behavior frightening to go through, makes others uneasy.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (in cases of patrol officers of H and hearing of G security guards dispatched to the scene), and to report on investigation (in cases of hearing of victim D statements);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment with labor), and Article 3 (1) 19 of the Punishment of Minor Offenses Act (the violation of the Punishment of Minor Offenses Act, and the choice of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The fact that a person can have been punished for the same kind of crime as the sentencing of Article 334(1) of the Criminal Procedure Act is an unfavorable circumstance.

On the other hand, the amount of fraud is small and economically weak.

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