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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

[2013 Highest 1477] On January 24, 2013, the Defendant: (a) around 19:30, the fact at the J restaurant operated by the victim I of H located in Daegu-gu, Daegu-gu, was committed as if he would pay the price despite having no intent or ability to pay the price despite having received an order from the victim for alcohol, alcohol, etc.; (b) ordered the victim to pay the price; and (c) the Defendant received the victim with an order from the victim to receive an amount equivalent to KRW 56,00,000, total market price, such as 7 Maju and 1 Maju, etc.

[2013 Highest 4265]

1. 피고인과 A은 2012. 12. 31. 04:20경부터 같은 날 05:20경까지 고양시 일산서구 D에 있는 피해자 E이 관리하는 “F식당”에서 피고인이 술에 만취하여 TV 소리를 크게 틀어 큰소리로 노래를 따라 부르며 이를 제지하는 피해자에게 "씨발년, 좆같은 년", “뭘 보냐 씨발”이라고 욕설을 하고 다른 손님들에게 시비를 걸며 주방 문 앞에 소변을 보았고, A이 술에 취하여 잠에 들어 있다

After the police called up to two times, the victim reported 112 in a lock, and the victim expressed his/her desire to "not to face the drinking value" to the victim with a large interest of "Is the drinking value, Is the three years, and the same year in accordance with the principle", and put the time for other customers.

Accordingly, the defendant and A conspired with the victim to interfere with the restaurant business of the victim.

2. Around 00:50 on May 8, 2013, the Defendant ordered the victim to provide alcohol and alcohol in the “M” restaurant operated by the victim L in Yongsan-gu, Youngdong-gu, Yongsan-gu.

However, the defendant did not have the intention or ability to pay the price even if he received the alcohol from the victim.

Nevertheless, as if the defendant would pay the victim the amount of alcohol, etc., the defendant received the amount of 236,000 won at the market price from the victim and acquired it by deception.

3. On May 7, 2013, the Defendant was in fact at the restaurant called "P" operated by the victim'sO located in Seoyang-gu, Seoyang-si around 03:10.