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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[Criminal record] On November 26, 2015, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence on March 28, 2016.
[Criminal facts]
1. Around 10:00 on March 9, 2017, the Defendant ordered the Defendant to pay the Defendant a yellowland State and the Soviet State as if the Defendant would normally pay the food cost in the “cafeteria” operated by the victim D in Seo-gu Incheon, Seo-gu, Incheon.
However, the defendant did not have any special property or income, and there was no money or means of payment, so even if he received food from the injured party, he did not have the intent or ability to pay the money.
Nevertheless, the defendant deceivings the victim as above, and received a delivery of 12,000 won in total from the injured party, as well as a share of 12,00 won.
2. The Defendant interfered with his business: (a) the date, time, place, the victim D and the food cost came to a trial, and (b) the Victim D and the food cost continued to sit in the above restaurant, and (c) the Victim “C.C.” continuously tried to sit in the restaurant even though the Victim requested to leave the restaurant; and (d) the Victim “I were known”;
C. C. H. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L.W. for about 30 minutes.
Accordingly, the defendant interfered with the victim's restaurant business by force.
3. The thief Defendant borrowed his mobile phone owned by the victim from the victim D at the time and place described in paragraph (1), and used the mobile phone from the victim D, and then returned the mobile phone and put the victim into the above restaurant, put the cres in the cres of which the victim was neglected to monitor his work in the main room, and stored the cres of the above mobile phone in the main room of the Defendant, and concealed it.
Accordingly, the Defendant stolen the cellular phone owned by the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police victims against D;
1. Investigation report (victim D party and telephone statement);