1. From January 15, 2017 through January 03:00 to 03:30, the Defendant: (a) was under the influence of alcohol at the “E” entertainment week operated by the victim D (E) located in Guri-si; (b) was unable to avoid disturbance due to the influence of alcohol, namely, “E” under the influence of alcohol; and (c) citing and threatening another customer with a beer disease.

Accordingly, the defendant interfered with the victim's main business by force.

2. The Defendant ordered the above victim to be 10 sick, fruits, and Magju, etc. at the time, place, etc. set forth in paragraph (1).

However, the defendant did not have the intention or ability to pay the drinking value, etc.

Nevertheless, the defendant deceivings the victim as above and received alcoholic beverages, etc. equivalent to KRW 85,00 from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on site photographs and copies of business permits;

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

1. The reason for sentencing under the former part of Article 37 and Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes was that the Defendant was sentenced to several fines due to the commission of a crime without prison labor. In particular, on July 5, 2016, the Defendant committed a crime with the same type of crime without prison labor, which was sentenced to 8 months of imprisonment and 2 years of suspended execution, again committed a crime during suspended execution, and the principal place business was obstructed and whose damage was not recovered, and thus, the sentence is inevitable.

The punishment shall be determined as per the disposition in consideration of the fact that the defendant's mistake is against the defendant, and the amount of damage is not large.