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(영문) 서울남부지방법원 2017.09.08 2017고단1187
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On December 15, 2016, at around 21:00, the Defendant obtained a total of KRW 65,000,00, including 6 Byung and 1 Analju, from the main points of “D” operated by the victim C (47 tax, n, n) of the victim C (47 tax, n) located in B B of Gangseo-gu Seoul Metropolitan Government, as if he would pay for the amount despite having no intention or ability to pay the alcohol value, and acquired it by deception by taking the disposition of the alcohol and nanju as if he would pay for the amount.

2. The Defendant interfered with his duties, while drinking alcohol at the time and place as set forth in the above paragraph 1, 4 customers were fluored, and fluored with the fear of uneasiness, and the customer E, who was on other tables, was fluored with the Defendant, and the Defendant was fluored with the Defendant, and fluored with the Defendant, and obstructed the Victim C’s main shop operation by force for about 2 hours by avoiding disturbance, such as shooting, spacker, and so on.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Receipts:

1. Application of statutes on site photographs;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (the fraud point, the choice of imprisonment with labor), and Article 314(1) of the Criminal Act (the point of interference with business and the choice of imprisonment with labor);

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act, including observation of protection and community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

A. 1) Interference with business operations in the basic area (from June to one year and six months) of types 1 (less than KRW 100,000) (and from June to one year) of types 1 (less than KRW 100,000) (2) interference with business operations (the scope of recommended punishment) is a basic area (within six months to one year and six months) interference (the scope of recommended punishment) (and one year and six months) of fraud (the scope of recommended punishment)

(b) Scope of punishment recommended according to the standards for handling multiple crimes: Imprisonment with prison labor for up to six months from February to March;

2. The fact that the degree of interference with the duties of the defendant in the decision of sentence is not less severe, and the defendant is not good in the quality of the crime.

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