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(영문) 인천지방법원 2016.03.18 2016고단495
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 7, 2015, the Defendant was sentenced to imprisonment for four months at the Incheon District Court for fraud, and the same year.

7. 23. At the Incheon detention center, the enforcement of the sentence was terminated.

1. On January 24, 2016, the Defendant was working at the “E cafeteria” operated by the victim D in the Southern-gu Incheon Metropolitan City, Seoul on January 24, 2016, and was working at the place as if the Defendant would have paid the price even if he did not have the intent or ability to pay the food value.

F Ordering alcohol, etc. to F, it was received from the injured party a total of KRW 22,00,000, such as 2 man-pers and 1 man-pers.

2. The defendant who interferes with the business shall take the bath at the time, place, and at the above paragraph 1, the above F with the large voice of "I am kyer and fyer" and will not pay the food value.

For about 30 minutes of noise, the noise interfered with the operation of the restaurant business of the victim D by force.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or G;

1. A written statement;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report on confirmation of suspect repeated crimes);

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the fraud point, the choice of imprisonment with prison labor) and Article 314(1) of the Criminal Act (the point of interference with business and the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Fraud [Scope of recommendations] Type 1 (less than KRW 100 million) in the increased area (one year to two years) (one year and six months) (special aggravated) in general frauds;

2. The obstruction of business [the scope of recommended punishment] and the basic area (from June to June) of the category No. 1 (the scope of business interference) (the person who is subject to special sentencing) shall be in the scope of business interference.

3. The scope of final sentence due to the aggravation of multiple offenses: one year to three years.

4. Determination of sentence;

(a) Six months of imprisonment;

B. The Defendant has had the record of criminal punishment over several times for a crime of the same kind, but is once again during the period of repeated crime due to previous conviction.

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