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(영문) 수원지방법원 성남지원 2015.10.15 2015고단1856
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for assault, etc. in the Sungnam Branch of Suwon District Court on September 12, 2014, and completed the execution of the sentence in the Three Prisons of North Korea on July 1, 2015.

【Criminal Facts】

1. Around 03:00 on August 31, 2015, the defrauded provided the victim D (the 44 years old) with alcohol and alcohol in Sungnam-si, and acquired the victim with alcohol and alcohol equivalent to KRW 46,00 in total at 46,00,00 from the victim as if the victim had no intent or ability to pay the price in time despite having been provided with alcohol and alcohol from the victim.

2. The Defendant interfered with business: (a) requested the victim D to pay the drinking value at the time and place specified in paragraph 1; and (b) stated that “Y Y Y Y Y Y Y Y Y Y Y Y Y YY YY YY YY YY YY YY YY YY YY YY YY YY Y Y YY YY YY YY YY YY YY YY Y

Accordingly, the defendant interfered with the victim's main business by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (related to repeated crimes);

1. Relevant provisions of the Criminal Act, Articles 347(1) and 314(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Among concurrent offenders, the scope of final sentencing due to multiple aggravated crimes for which there are no basic areas (Interference with Business) [the scope of recommendations] and no basic areas (6-1-1-6 months) of the type of general fraud [the scope of recommendations] (6-100 million won)] and the basic areas (6 months-1-6 months] [the scope of recommendations] [the scope of recommendations]] and the basic areas (6-1-16 months-6 months] of Article 37 of the Criminal Act: June-2 and Article 50 of the Criminal Act. The records of crimes are also six months-2 years-3 [the decision of sentence] and several times-2 months-2.

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