A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Punishment of the crime

1. On June 15, 2013, at the F convenience store operated by the victim E located in the Seongbuk-gu Seoul Metropolitan Government Seoul Metropolitan City C subway 6 Line, the Defendant: (a) was aware of the fact in spite of the absence of the intent or ability to pay the price, and (b) the Defendant acquired economic benefits equivalent to the same amount by taking out one of the Costbucks and coffee at the display stand, the market price of which is equivalent to KRW 2,900, and failing to pay the price.

2. When the Defendant, at the time and place specified in Paragraph 1, did not pay the price, and asked the victim E to pay the price, the Defendant obstructed the victim’s convenience store business by force for about 10 minutes, such as “I ambien, I amben, I amben, I amben, I amben in the Republic of Korea, I amben, I amben, I amben, I am on the floor, etc.”

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of each investigation report (No. 3,4,8)

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

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the decision of the type of punishment) [the decision of the recommending area] below KRW 100 million in general fraud [the scope of recommending sentence] basic area [the scope of punishment] from June to June 1 year [the range of applicable sentences] under Article 347 of the Criminal Act: the statutory penalty under Article 347 of the Criminal Act: 1 month to 10 years: Additional punishment of concurrent crimes which contain a single type of imprisonment: 1 month to 10 years: 1 month to 10 years [whether suspended sentence is suspended] - Major reasons for concurrent crimes of the same kind (the decision of the recommending area shall be less than five years, the suspension of execution of sentence, or the fine not less than three times)]. The main reasons for false commission are positive.