A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

1. On October 26, 2016, at around 19:30, the Defendant obstructed the victim’s restaurant business by force, such as: (a) the victim’s “D” restaurant operated in Jung-gu Busan Metropolitan City (hereinafter referred to as “D”), having the other customers feel uneasiness, and having the customer stop eating and going out of the restaurant; and (b) having the customer go out of the restaurant.

2. The Defendant issued orders for food, etc. on the same date and time and at the same place, but did not intend to pay the price, such orders were obtained from the injured party with an aggregate amount of KRW 28,000, such as the market price of swine mosium, and 2 bottles, as if he/she did not intend to pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of each investigation report (No. 2,5 of evidence lists) statute;

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

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

(a) Class 1 Crimes (Obstruction of Duties) (Obstruction of Recommendation) (Scope of Duties) and No. 1 Crimes (Obstruction of Duties) are basic areas (No person with a special sentencing sentencing range from June to January 6) (no person with a special sentencing range);

(b) The crime No. 2 (Fraud) [the scope of a recommendation] general fraud (less than KRW 100 million) (one month to one year) in the mitigation area (special mitigation person] (the special mitigation person], or where the degree of deception is weak, the extent of the final punishment due to the increase in multiple crimes: six months to two years;

2. The sentence shall be imposed in the same way as the order, in consideration of the circumstances, including the fact that the nature of the crime in this case is not good, but there is no previous conviction for which the punishment exceeding the fine is imposed, the fact that the crime is recognized and the mistake is divided in depth, and the food cost related to the crime is paid;