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(영문) 서울북부지방법원 2017.01.11 2016고단462
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, the charge of fraud is acquitted.

Reasons

Punishment of the crime

[criminal records] On March 21, 2013, the Defendant was sentenced to six months of imprisonment by the Seoul Northern District Court due to interference with business affairs, etc., and completed the execution of the sentence on June 2, 2013.

[Criminal facts] 2016 Highest 3183

1. Around January 1, 2016, the Defendant: (a) obstructed the victim C’s business by gathering the meals of customers in the E cafeteria of the victim C management in Dongdaemun-gu Seoul, Dongdaemun-gu, with the mind of the victim; (b) demanded the victim to report it to the victim; and (c) committed noise.

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

2. Refusal to withdraw;

A. On March 5, 2016, the Defendant refused to leave on March 5, 2016, received a demand from the victim G management H convenience store located in Dongdaemun-gu Seoul Metropolitan Government, for a demand that the Defendant, while under the influence of alcohol and sit down on the floor and make a demand from the damaged party.

However, the defendant did not respond to the request, and on the same day, 13:52 on the same day, and the police officer dispatched after receiving a report from the victim, did not comply with the request to leave the victim's place of convenience until he/she arrives.

B. On March 19, 2016, the Defendant refused to withdraw from the above church on March 19, 2016, and the Defendant refused to comply with the request to leave the victim without justifiable grounds by avoiding disturbance until a police officer dispatched upon receipt of a report from the above victim at around 22:45 on the same day until he/she arrives, on the ground that he/she had a person related to the church at the K church located in Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government I met with the person related to the church.

3. At around April 29, 2016, the Defendant stolen the victim’s property at the entrance of the headquarters for the operation of the victim N in Dongdaemun-gu Seoul, Seoul, using the gap of 100,000 won of the market value of the victim’s ownership at the location of the office.

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