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(영문) 서울남부지방법원 2014.05.02 2014노67
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (1) The Defendant, in the part of fraud, committed a mistake in the E danran bar, with female friendship, but the amount recorded in the facts charged is exaggerated (the facts charged are stated in KRW 327,00,000, but the amount is KRW 1,50,000,000), and among them, paid KRW 90,000,000.

(2) There was no damage to the part of the crime of causing property damage in a restaurant or KK restaurant by breaking the instant cups or a misunderstanding.

(3) The Defendant did not interfere with his business in Ncafeterias and K restaurants in the crime of interference with business.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted and examined by the court below, such as the statement and receipt in the investigation agency of D’s judgment on the part of the claim for fraud, the defendant can be recognized as having not paid KRW 327,000 in the E danran bar with female helpers in drinking alcohol, and thus, this part of the defendant’s assertion is without merit.

(2) According to the evidence duly adopted and examined by the lower court, including G, M’s written statement, J’s statement, and each photograph, etc., as stated in the facts charged, the Defendant may damage the instant case’s instant case’s instant case’s instant case’s instant case’s instant case’s instant case’s case’s instant case’s case’s case of damage to the instant case’s instant case’s case’s case of damage to the instant case’s case’s instant case’s case’s case of damage to the instant case’s case’s case’s case of damage to the instant case’s case’s case of damage to the instant case’s case’s case’s case of damage

B. The Defendant has a career of having been punished by imprisonment with labor more than ten times due to fraud, etc., and committed each of the instant crimes even though he/she had been punished by a fine more than ten times, and up to the point that each of the instant crimes was committed, a repeated crime, and a trial.

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