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(영문) 인천지방법원 2017.08.31 2017고단3207
사기등
Text

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

Reasons

Punishment of the crime

1. On April 26, 2017, the Defendant: (a) around 21:00, at the E main shop operated by the victim D in Nam-gu Incheon Metropolitan City, provided alcohol and alcohol from the above victim D; (b) as if he did not have the intent or ability to pay the price, the Defendant ordered the victim to pay the price despite having the intention or ability to pay the price; and (c) was provided with beer and deemed to have been in excess of KRW 95,00 in total from the victim.

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

2. On April 27, 2017, from around 01:30 on the same day to around 01:50 on the same day, the Defendant interfering with his/her duties requested the victim to pay the drinking value from the above victim at the same place as the above paragraph 1 at the same time as the above paragraph 1 on the day, “I am hye, I am hye, I will do so.”

The victim’s main business operation was obstructed by force by avoiding the disturbance, such as putting the voice and singing in a large sound, making it impossible for customers who had entered the main points of the disturbance to enter.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. A report on internal investigation (in cases of attaching field photographs, etc.);

1. In the investigation report (Woman F phone) [The defendant and his defense counsel held a balance of KRW 800,000 on the defendant's physical card at the time, there was a balance of KRW 800,000,00 on the defendant's physical card, thought that the above physical card could be repaid, and ordered alcohol and alcohol. It was merely not settled due to account seizure, etc., and it was argued to the purport that there was no intention to acquire alcohol and alcohol from the victim at the time.

The following circumstances, i.e., the defendant's personal bank account (Account Number G) at the time, although it is recognized that the balance was KRW 801,545, was 801,00,000, but this court may have comprehensively taken into account the evidence duly adopted and examined, but according to the victim's statement, the victim would pay the alcohol value to the defendant.

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