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(영문) 부산지방법원 2018.02.20 2016고정2721
업무방해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

The facts charged were revised to the extent that it does not infringe on the defendant's substantial right of defense.

On November 5, 2015, the Defendant was sentenced to two months of imprisonment for fraud at the Busan District Court, which became final and conclusive on February 12, 2016.

1. On August 6, 2015, around 08:20 on August 6, 2015, the Defendant: (a) was provided with two daily owners without any intent or ability to pay the price in the “E cafeteria” operated by the victim D located in Busan Dong-gu, Busan; and (b) fraudulently acquired the price by committing fraud in an amount equivalent to KRW 30,00 in the market value.

2. On September 19, 2015, the Defendant: (a) obstructed the operation of a club by force on the part of customers entering the entrance entrance at around 19:00, the Defendant: (b) was under the influence of alcohol to prevent them from entering the entrance of a fright, by putting the fright of a fright, such as frightening fright, fright, tobacco, inside, and smoking, and frighting frighten; and (c) frightening the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the fright of the Defendant.

Summary of Evidence

1. The defendant's legal statement (Article 1 of the Judgment);

1. The legal statement of the witness G;

1. 112 Reporting case handling table (25 pages of investigation records);

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

1. Relevant Article 347(1) 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 for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

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

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