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(영문) 서울남부지방법원 2017.10.27 2017고단3829
사기등
Text

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

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

Reasons

Punishment of the crime

1. On June 23, 2017, from around 09:30 to around 10:36 of the same day, the Defendant: (a) ordered the victim C’s D restaurant operated by Gangseo-gu Seoul Metropolitan Government, to take a bath, such as “the so-called “the so-called so-called so-called hyp,” without any justifiable reason, to put the customers out of the place, such as hyp and the so-called “the so-called so-called hyp,” and (b) continuously hyp and hyp notwithstanding the clothing of employee E.

Accordingly, the Defendant interfered with the business of the victim's restaurant by force.

2. On June 23, 2017, around 09:30 on June 23, 2017, the Defendant: (a) committed an act as if he would pay food value to E, an employee, at a D restaurant operated by the victim C in Gangseo-gu Seoul Special Metropolitan City, Gangseo-gu, Seoul; and (b) ordered 1 to do so and 1 to C.

However, the fact did not have the intention or ability to pay the price even if he received the alcohol and food from the injured person.

The Defendant did not pay the price to E, i.e., the amount of KRW 13,00 of the market price of the 13,000.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A written agreement;

1. Application of Acts and subordinate statutes to investigative reports (verification of the impossibility of punishing business owners);

1. Relevant Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act (Interference with Business Affairs and Selection of Fines) concerning facts constituting an offense, and Article 347(1) of the Criminal Act (Fraud and Selection of Fines);

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

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) a fine shall be chosen by taking into consideration the circumstances where the defendant has mistakenly recognized and led to a confession; (b) the degree of interference with business and amount of damage caused by fraud; and (c) the victim has expressed his/her intent not to be punished by the defendant; and

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