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(영문) 울산지방법원 2016.09.02 2016고단975
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On February 19, 2016, at the main point of “D” operated by the victim C on February 23:20, 2016, the Defendant ordered alcohol and food as if he had completed despite the absence of the intent or ability to pay the price even if he/she received an order for drinking and food, and was provided with alcohol and food equivalent to 19,000 won in total at the market price from the victim.

2. The Defendant interfered with the business, as described in paragraph (1), ordered alcohol and food at the same time and place as described in paragraph (1), and demanded the victim to calculate the amount as described in paragraph (1). The Defendant expressed that “a bit of bitch bitch bitch bitch bitch, bitch bitch bitch bitch bitch bitch bitch mar.” In his hand, the Defendant interfered with the victim’s restaurant operation by force for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the receipt statute

1. Relevant Article 347(1) and Article 314(1) of the Criminal Act (including the fact that the degree of damage is not severe, the fact that an agreement is reached with the victim, and the fact that the agreement is against the victim, etc.) that each fine is imposed on the criminal facts and the choice of punishment is imposed;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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