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(영문) 대구지방법원 2017.01.13 2016고정371
사기등
Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On February 4, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for an injury and two years of suspended execution at the Daegu District Court on September 3, 2016 and the judgment became final and conclusive on September 3, 2016.

[Criminal facts]

1. Fraud;

A. On July 1, 2015, the Defendant, at around 22:00, received food equivalent to KRW 14,000,00 from the injured party, including 2:00, the Defendant, who was in Daegu-gu, the victim C (n, 37 years of age)’s “D” restaurant, and the Defendant, despite the absence of the intent or ability to pay food expenses, acted as if he would pay the food expenses, and ordered the Defendant’s food to the victim, and acquired it by deceiving the victim.

B. At around 02:00 on July 6, 2015, the Defendant received from the victimized person two crypted in the same manner at the same place as above, and acquired the food amounting to KRW 73,000 in total, including 2 balbbb and 2 balb, etc. separately from the victimized person.

(c)

around 22:00 on July 6, 2015, the Defendant received food equivalent to KRW 25,500, such as a total of 3 25,500,000, from the above victim in the above manner at the above place.

2. The Defendant: (a) 1.B. at the same time, at the same time, and at the same place as the above 1.B. The Defendant: (b) expressed the victim’s desire to “Is the victim who was demanded the drinking value by the injured; (b) hereinafter, “Is a bit of bitch bitch bitch bitch bitch, bitch bitch bitch bitch,” and (c) obstructed the victim’s operation of the restaurant by force, such as walking the table and the restaurant in front of the restaurant customers.

Summary of Evidence

1. The respective legal statements of C and E;

1. Partial statement of F;

1. Each police statement protocol against C and E;

1. C Complaints;

1. Two copies of the records of credit cards, two copies of the records of credit cards, and two copies of the records of credit;

1. A report on investigation (for the time of interference with business);

1. Before judgment: A copy of the text of the judgment (Tgu District Court 2015 High Court 2015 High Court 6231), application of the statutes governing the search of the prosecution integrated case system;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the selection of fines, respectively, for the crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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