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(영문) 인천지방법원 2015.12.23 2015고단7042
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 31, 2015, the Defendant: (a) around 19:00 on October 31, 2015, the Defendant appeared to have the same attitude of paying the victim D with no intent or ability to pay the price; (b) the Defendant was ordered to pay the victim a total amount of KRW 40,000,000 to be delivered to the victim, such as beer eight disease, beer, equivalent to KRW 30,000,000,000,000,000 won, beverages equivalent to KRW 3,000,000,000.

Ultimately, the Defendant deceiving the victim as above and received from the victim a total of KRW 98,000 from the victim, namely, an alcoholic beverage and an alcoholic beverage equivalent to KRW 98,00.

2. From October 31, 2015 to 01:00 on the following day, the Defendant obstructed the victim’s main business by force by allowing other customers to get off spirits for about 6 hours, such as drinking alcohol, drinking alcohol, going to the table of other customers, going to the table of other customers, or going to sing, or going to sing, while drinking several times, although the victim, who is the business owner at the above main points, from around 19:00, to around 01:00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of an invoice statute;

1. Article applicable to criminal facts;

(a) The point of fraud: Article 347(1) of the Criminal Act;

(b) Point of interference with business: Article 314 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent offenders, the scope of the final sentence due to the mitigation area (i.e., the scope of recommending punishment) of the mitigated area (i.e., type 1 (less than KRW 100 million) (i.e., January-1) of the mitigated area (i., January-1) of the mitigated area (i.e., special mitigation), (ii) of the mitigated area (ii) of the crimes (ii) [Scope of recommending punishment] of the mitigated area (i.e., January-8) of the mitigated area (i., January-8) of the mitigated area (ii) [including special mitigation] of the mitigated area (i.e., January-eight) of the mitigated area (including advanced efforts for recovery of damage) of the mitigated area (including advanced efforts for recovery of damage): January-1 and April: the defendant's decision of sentencing] of the Punishment Act.

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