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(영문) 인천지방법원 2016.08.12 2016고단4362
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 10, 2016, at around 00:20 on July 10, 2016, the Defendant: (a) made a false statement as if he/she would make an order for alcoholic beverages and alcoholic beverages and would make a payment for alcoholic beverages even though he/she did not have any money in his/her possession at the time; and (b) he/she received an order for alcoholic beverages and alcoholic beverages from the damaged person to pay the price; and (c) thereby, he/she acquired financial benefits equivalent to the amount of the said amount because he/she did not pay the price after being provided with 191,00 won in total from the injured person; (d) 4 C, 4 C, 1, and alju.

2. The Defendant, at the above date and place, did the foregoing alcohol on the side table, while drinking the alcohol.

N and other customers, such as N, "Chewing gue, dead, and discarded."

“Along with the public bath of “,” etc., sounded the parallel of alcoholic beverages on the floor, breaking them on the floor, and subsequently sounded for about 30 minutes, thereby hindering the victim’s business affairs concerning the restaurant operation by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police concerning L;

1. Application of statutes on temporary inspection photographs and simplified receipts;

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

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 62(1) of the Criminal Act on the suspension of execution (it shall take into account the circumstances specified in the following grounds for sentencing):

1. Grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Social Service Orders and the observation of protection;

1. Scope of punishment: Imprisonment with prison labor for one month to 15 years;

2. Basic crimes subject to the sentencing guidelines [the types of decisions] types 1 (less than KRW 100 million) (the scope of the recommended area] basic areas, crimes of competition in June to one year and six months [the types of decisions], the basic area [the scope of the recommended area], the result of the aggravation of multiple offenses in June to June: Six months, and two years and three months;

3. Sentence;

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