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(영문) 수원지방법원 2011.09.16 2011고정872
사기
Text

Defendant shall be punished by a fine of KRW 2,300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. The Defendant did not have any intent and ability to complete the liquor value even if he drinks and foods are potable.

Nevertheless, the Defendant

A. From 19:00 on June 23, 2010 to 20:00 on the same day, the victim C’s “Dcafeteria” general restaurant in Suwon-gu, Suwon-si, Suwon-si, multiplied by a total of KRW 31,00, KRW 9,000, KRW 4,000, and KRW 4,000, and KRW 44,000, are ordered to pay the price normally, while taking the same attitude that the victim would pay the price normally, the victim would obtain pecuniary benefits equivalent to that amount by not paying the price after receiving an order from the victim;

B. On July 10, 2010, around 19:50, at the “G cafeteria”) of the victim F’s operation in Suwon-gu, Suwon-si E, the order was issued to 36,000 won at the market price, and the equipment was provided by the victim with food equivalent to 36,000 won at the market price, namely, at the victim’s seat.

2. Around 04:00 on August 12, 2010, the Defendant expressed that the victim I, who was in the Suwon-si, Suwon-si, Suwon-si, “Jari-si,” did not take his position on the Yari-do in front of the Jari-si, and expressed that “I will not accept the Yari-do as a customer,” and that “I will not accept the Ya-do as a customer,” and that I interfered with the victim’s work by force by allowing the victim to get the customer to receive the 20 minutes of the Yari-gu, Suwon-si, Suwon-si.

Summary of Evidence

1. The police interrogation protocol of the accused (including I statements);

1. Written statements of C, K, and F;

1. Sales slips and simplified receipts;

1. A report on investigation (No. 40, 42 pages of investigation records);

1. Application of the photographic Acts and subordinate statutes;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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