1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 15, 2016, around 22:30 on May 15, 2016, the Defendant: (a) committed as if he would pay the price in the “D” restaurant for the operation of the victim C in Seo-gu, Gwangju; and (b) ordered the said victim to provide alcohol and food.

However, the defendant did not have any intention or ability to pay the drinking value due to the lack of money at the time.

As above, the defendant deceivings the above victim, and he acquired the above victim with alcohol and food equivalent to the market price of 34,500 won from the above victim.

2. At around 00:40 on May 16, 2016, the Defendant: (a) expressed the victim’s desire to pay the alcohol ordered by the Defendant and food costs in the instant “D” restaurant; (b) and (c) expressed the victim’s voice as “I will throw away the mold even in 10 foot.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to voluntary accompanying reports and investigation reports (including the details of failure to attach food invoices);

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 for each crime;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection, community service order, and order to attend lectures;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 15 years;

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

(a) Fraud: Class 1 crime [the scope of recommendations] general fraud (less than KRW 100 million) in the basic area (from June to one year and six months) / None of the special sentencing factors

(b) Interference with the duties: Group 2 crime (the scope of a recommended punishment) that interferes with the duties, the basic area (six months to one year and six months) (the person with no special sentencing) (the person with no special sentencing).

(c) Application of standards for handling multiple crimes: