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(영문) 서울서부지방법원 2016.07.21 2016고단897
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On February 4, 2015, the Defendant was sentenced to one year of imprisonment with prison labor by obstructing business operations at the Seoul Western District Court, and the Defendant completed the execution of the sentence at the Seoul Southern Southern District Court around December 16, 2015.

[2] On April 2, 2016, the Defendant: (a) around 13:40 on April 2, 2016, the Defendant: (b) received food or alcoholic beverages from the injured party; and (c) obtained the orders of food and alcoholic beverages from the injured party, and acquired it by deceptioning it from the injured party at KRW 36,00 of the market price.

around 20:00 on March 12, 2016, the Defendant 1263 of 2016, the Defendant obstructed the victim’s restaurant business by following the following: (a) the Defendant she drankly her while drinking alcohol in the H restaurant operated by Seongbuk-gu Seoul Metropolitan Government G (the remaining and the 34 years old); (b) again she dnicking the bottles, etc. on the floor where she had drinking alcohol; (c) she returned to the place where she had drinking alcohol; and (d) she dnicked her employee of the said restaurant, she dnicked her “spath, hinging, and hinginginginging to their customers,” and she interfered with the victim’s restaurant business by force.

Summary of Evidence

【Criminal Records】

1. References to inquiries, such as criminal history, (A), investigation reports (the confirmation of the date of release from prison, files of relevant decisions, etc.), and the current status of confinement/collection by individuals” in one copy of “2016 Highest 897”;

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Invoice;

1. Food and drinks taken by a person under consideration "2016 high group 1263 high group";

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. Application of Acts and subordinate statutes to investigation reports (the I telephone conversations of harvested persons);

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 grounds for sentencing Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes (influence of business affairs) (the scope of recommended punishment).

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