A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[Criminal Power] On December 18, 2014, the Defendant was sentenced to imprisonment with prison labor and six months in Seoul Southern District Court for fraud, etc. on April 8, 2016, and completed the execution of the sentence in the port prison on April 2016.

[2016 Highest 3790]

1. On August 11, 2016, the defrauded: (a) around 21:00, the Defendant: (b) was provided with crypt and 2 soldiers who were 33,000 won in total at the market price by the victim D in Yeongdeungpo-gu Seoul Metropolitan Government; and (c) did not possess any means of payment; and (d) did not have the intent or ability to pay the price even if he/she orders drinking and food from the victim; (b) thereby, the Defendant was committed as if he/she would pay the price.

2. On August 11, 2016, from around 21:30 to 00:04 the following day, the Defendant: (a) from around 21:30 on August 201, 2016, the Defendant: (b) 5 to 6 times off, without any reasons at the place under the preceding paragraph; (c) ordered the said victim to 1 soldier’s disease; (d) on the ground that the victim did not have known of the order, the Defendant provided a large lusium; (c) dumped the victim’s talks on the conversation of the customers who were on a different table; and (d) prevented the customers who were on the restaurant from entering the restaurant; and (e) prevented them from entering the restaurant.

Accordingly, the Defendant interfered with the victim's restaurant business by force.

[2016 Highest 4141] On July 26, 2016, the Defendant: (a) around 22:15, the victim G in Yeongdeungpo-gu Seoul Metropolitan Government (“H restaurant”); and (b) the Defendant, even if having ordered food and alcohol, did not have any intent or ability to pay the price; (c) was carried out as if he would have paid the price; and (d) he did not order 34,000 won in total and 1 disease and 1 disease and did not pay the price.

In this respect, the defendant, by deceiving the victim, acquired economic benefits equivalent to the above amount.

Summary of Evidence

[2016 Highest 3790]

1. The defendant;