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(영문) 서울남부지방법원 2014.07.09 2014고단1435
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 26, 2014, around 17:30 on March 26, 2014, the Defendant: (a) committed a crime as if he/she had no intent or ability to pay the price; (b) committed a crime as if he/she had an intent or ability to pay the price; and (c) ordered the victim D, the owner of the business, to obtain alcohol equivalent to KRW 27,90,00 from the owner of the 1 disease, beer, 500CC 2, and beer.

2. At around 19:10 of the above date, when the victim D demanded payment at the above place, the Defendant interfered with the business of the victim’s main store operation by force by placing the customer and making the customers in the above place 30-minute 30 percent of the volume by putting the customer in good faith and making the customer in good voice.

3. At around 19:30 of the above date, the Defendant recommended the Defendant to pay the drinking value and return home to the Defendant by the police officer F of the Guro Police Station E box, who was dispatched to the scene after receiving a report of 112, and F of the Gu Guro Police Station E box, and the Defendant: (a) expressed that “this franch, n, is the police officer, n, n is the police officer, n n n n n n n n n n n n n n n n n n n n n n n n n k n n n n n n n

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Relevant Article 347(1) of the Criminal Act, Articles 314(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (Fraud) [Crime of Fraud] : Imprisonment with prison labor of less than 100 million won (the scope of a sentence of recommendation]; six months; one year and six months (basic area);

B. Concurrent crimes (limited to the crimes of obstruction of performance of official duties) (decision of punishment).

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