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(영문) 의정부지방법원 2018.04.04 2018고단537
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On March 25, 2015, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the District Court of the Jung-gu District on April 20, 2016, and completed the execution of the sentence at the Ganpo prison on April 20, 2016.

[Criminal facts]

1. On February 5, 2018, around 21:50, the Defendant: (a) committed a “E” restaurant operated by the victim D, who had no intent or ability to pay the drinking value, etc., and (b) ordered the victim to drink and food.

The Defendant acquired the pecuniary benefits equivalent to the same amount because the Defendant was provided with 43,400 won (23,400 won), 3 bottles (12,000 won), 1 bottled water (2,000 won), 1,000 won (1,000 won), and 5,000 won (5,000 won), etc. from the injured party.

2. The Defendant: (a) on the date, time, and at the place specified in paragraph 1; (b) on the ground that the Defendant: (c) was able to ask the Defendant that a son suffered a fluoral wound by leaving the restaurant in the form of a mixed-level urine, leaving the restaurant at the entrance of the restaurant; and (d) making a fluoral urine therapy at the entrance of the restaurant only calculated and changed the fluor’s work

In order to prevent customers from entering the restaurant by avoiding a disturbance, such as referring to “the string, internal medicine,” and referring to a large string, thereby hindering the victim’s restaurant business for about 30 minutes by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. 112 A list of reported cases;

1. Invoice and on-site photographs;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the detection of the facts of the principal offense during the period of repeated crimes and attachment of the same criminal records and written judgments, etc.);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 314(1) of the Criminal Act (the point of interference with business), and the choice of imprisonment for each crime;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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