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A defendant shall be punished by imprisonment for four months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 430]
1. On December 19, 2013, around 05:30 on December 19, 2013, the Defendant ordered alcohol and alcohol as if the Defendant would pay the management staff F with the payment in the “E” restaurant operated by the victim D in Nam-gu Incheon Metropolitan City, Nam-gu.
However, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the above F.
The Defendant, as such, by deceiving the above F, was provided by F with alcohol and alcohol equivalent to KRW 36,000 in total amount of 36,000 won in the market price of 15,00 won and 3,000 in the market price of swine owned by F.
2. Around 06:40 on December 19, 2013, the Defendant obstructed the victim’s restaurant business by force by forcing customers to take a disturbance, such as taking a bath against the customers on the side tables without any reason while drinking alcohol at the places indicated in paragraph (1) at the same time, and taking a test fee, and taking a face of the victim Franchising the Defendant. The Defendant interfered with the victim’s restaurant business by force by forcing customers to take outside the restaurant.
[2014 Highest 1406] On February 11, 2014, the Defendant ordered an employee J from the main point of “I” operated by the victim H located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon to pay the amount.
However, the defendant did not have the intent and ability to pay the price even if he was provided with alcohol and alcohol from the victim.
Accordingly, the defendant deceivings the victim, and acquired the victim with alcohol and communication amounting to 23,00 won.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to J police officers;
1. A written statement;
1. Application of the Acts and subordinate statutes on site photographs, customer principal documents, and receipts;
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 with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution;