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(영문) 대전지방법원 2014.12.17 2014고정1363
사기등
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

1. On November 14, 2013, between 19:10 on November 14, 2013 and 19:45, the Defendant was carrying out as if the Defendant would pay the price within the “D cafeteria” operated by the Victim C in Daejeon Pungdong-gu B, and was ordered by the cafeteria E to receive an order from the cafeteria E.

However, there was no intention or ability to pay the amount because there was no interest rate on the money under way.

The Defendant, as such, had been accused of being provided with an amount equivalent to KRW 41,00,00 from the victim of the said deception, which was 41,00.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, who interfered with business, took a telephone at the temporary location as set forth in the above “1” and used the payment to out of and out of the restaurant employees, after taking the restaurant employees.

그러자 금연구역인 식당 내에서 담배를 피우고 가래를 뱉으려는 시늉을 하면서 ‘깍’'깍' 큰소리를 치고, 신발을 벗고 식당을 돌아다니는 등 소란을 피워 그 식당 안에 있던 손님들이 음식을 제대로 먹지도 못하고 밖으로 나가는 등 위력으로써 업무를 방해하였다.

Summary of Evidence

1. A statement in court from the defendant (the purport that he/she has not paid the food value, has exceeded, has returned to, and had his/her shoes in the interior, and has loaded his/her shoes on his/her table);

1. Legal statement of witness E;

1. Statement to E by the police;

1. Receipts:

1. Application of statutes on site photographs;

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

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of punishment] 30 million won or less (the decision of sentence] is disadvantageous.

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