Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

[2013 High Court Decision 674]

1. On March 31, 2013, the Defendant did not have any intention or ability to pay the amount of food equivalent to KRW 9,000,00, in spite of orders for the instant food at C cafeteria located in Gunsan-si B, Gunsan-si.

Nevertheless, the defendant deceivingd the victim D to take food equivalent to the above amount, and acquired it by fraud without paying the price.

2. 업무방해 피고인은 위 제1항 기재와 같은 일시, 장소에서 피해자가 음식값을 지불하라고 하였다는 이유로 "야 씨발 좃 같이, 씨발년이 거짓말 하네"라고 욕설을 하고, 차려놓은 반찬 그릇을 E 외 불상의 손님 4명에게 집어던지는 등 소란을 피워 가게 안에 들어오려던 손님들을 들어오지 못하게 하고, 식사하던 손님들이 밖으로 나가게 함으로써 위력으로 피해자의 정당한 영업 업무를 방해하였다.

[2013Gohap675] On March 31, 2013, from around 18:00 to around 20:40 of the same day, the Defendant ordered beer 27 diseases (a reasonable amount of KRW 108,000) and one share (b0,000) within the liquor of “H” operated by the victim G located in the military F of the Si of Msan.

However, even if the Defendant did not have the intent or ability to pay the drinking value even if he did so, the Defendant was informed of the victim by deceiving the victim as above and received a total of KRW 128,000 from the victim.

Summary of Evidence

[2013 High Court Decision 674]

1. Defendant's legal statement;

1. Statement made by the police in relation to D (2013, 675);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;