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(영문) 의정부지방법원 고양지원 2018.05.18 2018고단159 (1)
사기등
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 26, 2017, from around 11:30 to 12:30 of the same day, the Defendant, in collusion with B, obtained the 'E' restaurant for the victim D operation in Goyang-gu, Goyang-gu, Goyang-si from around 11:30 on July 26, 2017, while the Defendant, even though he was provided with alcoholic beverages, he did not have the intent or ability to pay the price, and ordered the alcoholic beverage and the he received the payment from the above cafeteria employee F in total amounting to KRW 38,70,00 from her cafeteria F.

2. In collusion with B, the Defendant obstructed the victim’s restaurant management work by force, including 20 minutes, on the date, time, and place specified in paragraph 1, “I am to pay for alcohol and inside the said restaurant” from F, “I am to listen to the horses,” and “I am to know whether there is any money or not any money, I am to know about the police, and I d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d k

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement;

1. A report on investigation (to hear statements from the F phone of a witness);

1. Text;

1. Application of statutes on site photographs;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, Articles 314(1) and 30 of the Criminal Act, and the choice of fines for the crime;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant's wrong recognition of the fact that the defendant interferes with his/her business, the amount acquired by deceit is a small amount, as to the crime of fraud, the damage is recovered and the victim of the fraud does not punish the defendant, and the defendant committed each of the crimes of this case in a contingency under the influence of alcohol, and the method and degree of interference with the business of this case, the criminal records, the defendant's age, the defendant's sexual conduct, and the environment;

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