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창원지방법원 밀양지원 2017.09.28 2017고단198
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On January 5, 2017, the Defendant was sentenced to 10 months of imprisonment for fraud in the Changwon District Court closely support, and the execution of the sentence was completed at the Sungsung Vocational Training Institution on April 28, 2017.

[Criminal facts]

1. On May 10, 2017, the criminal defendant against the victim C was placed in E cafeteria of the victim C operation, and the fact was not in possession of cash or credit card, etc., and even if he/she did not have the intent or ability to approve the price even if he/she received an order for drinking and food, the criminal defendant ordered food and ordered food to pay the price.

Accordingly, the defendant was provided with alcohol and meals equivalent to the market price of 18,000 won from the damaged person.

2. Around 04:15 on the same day as above 1, the Defendant: (a) received a demand from the injured party to pay the value of food at the same place as above 1; (b) took the victim’s bath for about 15 minutes; and (c) took the victim’s bath for the victim, and threatened the victim with his/her hand.

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

3. On May 11, 2017, the Defendant: (a) around 06:05, the victim FF’s singing room operated in G was closed; (b) the fact was not in possession of cash or credit card, etc.; and (c) even if he did not have the intent or ability to approve the payment even if he/she did not follow the order, the Defendant ordered that he/she would pay the alcohol value; and (c) ordered that he/she would pay the alcohol and alcohol.

Accordingly, the Defendant provided the victim with alcohol and alju amounting to the market price of 220,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Invoice and H main receipt;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (reports attached to judgments and other judgments), and application of Acts and subordinate statutes on expropriation;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;