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(영문) 인천지방법원 2017.05.26 2017고단2797
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to one year of imprisonment for habitual fraud at the Incheon District Court, and the execution of the sentence was terminated on April 5, 2017.

1. Fraud;

A. On April 14, 2017, around 18:00, the Defendant ordered the two-way and the two-way owner to pay food cost normally from the “E” point of the “E” point of the operation of the victim D located in Seo-gu Incheon, Seo-gu, Incheon, as well as from the day of payment.

However, in fact, the defendant did not have any special property or income, and there was no money or means of payment, so even if he received the payment from the injured party, he did not have any intent or ability to pay the payment.

Nevertheless, the defendant deceivings the victim as above, and was delivered to 2 Byung and Naju equivalent to the total amount of 380,000 won from the injured party.

B. On April 14, 2017, around 22:00, the Defendant issued orders to the Defendant, as if he would normally pay food costs, such as drinking, from “H main store” in the operation of the Victim G located in Seo-gu Incheon, Seo-gu, Incheon, and as he would normally pay the amount of food, such as drinking.

However, in fact, the defendant did not have any special property or income, and there was no money or means of payment, so even if he received the payment from the injured party, he did not have any intent or ability to pay the payment.

Nevertheless, the defendant deceivings the victim as above and received delivery of 1 Byung, 5 Byung, and Salju equivalent to the sum of 205,000 won from the injured party.

2. Obstruction of business;

A. On April 14, 2017, around 21:22, at the main point of “E” of the victim’s D operation as indicated in the victim’s paragraph (a) around April 14, 2017, the Defendant: (a) sought payment of food from the injured party; and (b) caused the customer to drink by gathering beer and World Cups on the floor; and (c) caused the customer to drink.

Accordingly, the defendant interfered with the operation of the victim's main points by force.

B. On April 14, 2017, the Defendant: (a) around 22:58 at around 1-B of the Victim G operation “H main point” as indicated in paragraph (b).

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