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(영문) 수원지방법원 2018.11.08 2018고정199
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 28, 2017, at around 00:35, the Defendant 200:35, performed drinking in the “E main store” operated by the Victim D in Suwon-si, Suwon-si, the Defendant, without any justifiable reason, obstructed the victim’s main business by force by allowing the customers who had been on the main points to go out of the main points, and by preventing them from entering the main points.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Images of CCTV CDs;

1. Application of statutes on field photographs;

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts and Article 314 (Selection of Penalty) of the Criminal Act;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. On November 28, 2017, the Defendant ordered two weeks with a total of KRW 114,00,000, and one week with a total of the market prices, when the Defendant committed the act as if the Defendant would normally pay the victim’s drinking value to the victim D operated by the victim D in Suwon-si, Suwon-si, Suwon-si, Suwon-si.

However, at the time, the Defendant did not have any intent or ability to pay the price even if he/she ordered the foregoing payment because there was no means of payment, such as cash or credit card.

Nevertheless, the defendant deceivings the victim as above and acquired the total amount of KRW 114,00,00 from the victim, such as two weeks.

2. Determination

A. In full view of the Defendant’s partial legal statements, F’s legal statements, D’s written statements, receipts, and CCTV CD images, the following facts are recognized:

The defendant, as a proposal of G, has a drinking place with three parallels (F, G, and H).

Four persons are equally divided the value of ordinary food, and there was no prior determination on how to pay the food value on this day.

Four persons shall sit on one table.

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