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(영문) 서울북부지방법원 2018.03.15 2018고정20
사기등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a “C customer”, and the victim 1) D(49 years of age, female) is a “C main shareholder,” and the victim 2) E(45 years of age, male, and victim 3) F(55 years of age, male, and female) is a police officer who received 112 reports and dispatched.

A. On November 8, 2017, at around 23:17, Defendant A believed that he/she would be able to pay the drinking value within the “C main store” located in Dongdaemun-gu Seoul Metropolitan Government, and that he/she would be able to receive the drinking value, Defendant A 1, a business owner, who did not have an intent to pay the drinking value, took entertainment for about 23 C, A, A, A, and two female employees, taking entertainment for about 335,00 hours, and then, the victim demanded that he/she pay the expenses in KRW 335,000 to the employee, “I provided the preserving security to the employee,” and “I have A with the health certificate and list of female contact loans,” without any justifiable reason, thereby obtaining economic benefits equivalent to the above amount.

B. In the same time and place as above A, the Defendant publicly insultingd the Defendant, stating that “F of the police box of the Dongdaemun-gu Seoul Eastern Police Station, who received the report and dispatched the report, and F of the police box, and F of the F of the police box of the Seoul Eastern Police Station, and F of the case where sloping E, shall enforce the law,” and “this Chewing sprink must be the police.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each complaint;

1. A report on investigation;

1. Application of business permission and statutes on site photographs;

1. Articles 347(1) and 311 of the Criminal Act applicable to the facts constituting an offense (a point of fraud) of the said Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (joint crimes of insult);

1. Selection of each alternative fine for punishment;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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