A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Criminal facts

1. On July 4, 2016, the Defendant: (a) around 14:00, the Defendant: (b) obtained a total of KRW 60,00,00,00 from the victim C (the 35 years of age) of the 1st underground floor in Yeongdeungpo-gu Seoul Metropolitan Government (the 35 years of age); (c) obtained the 35 years of age from the injured party and obtained the 35 years of age, and (d) obtained the 60,000 won of the 35 years of age from the 14th underground floor; and (e) obtained the 3rd party’s alcohol and the 4th alcohol without any intent or ability to pay

2. The Defendant: (a) was able to demand payment of the drinking value from the injured party after drinking alcohol at the place specified in paragraph (1) at the same time; (b) was able to prevent the injured party from entering the said main point of view by causing the victim’s voice, such as “I seeing that I would not pay the drinking value while I see it,” and preventing the customer from entering the said main point of view, and thereby obstructing the victim’s main point of business by force.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the receipt statute

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the fraud point, the choice of imprisonment with prison labor) and Article 314(1) of the Criminal Act (the point of interference with business and the choice of imprisonment with prison labor);

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 suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the community service order [the scope of recommending punishment] 1) Fraudulent (the basic area of punishment less than 100 million won: June to June 2) [the basic area of interference with the business]: there is no both June to June (the special person subject to sentencing] and June (the special person subject to sentencing] 1) and (2) [the total area of punishment as to interference with the business of 1/2 (9 months) of the upper limit of the punishment for fraud: six months to two years [the decision of sentence]; the degree and degree of the abuse of violence; the degree of damage therefrom; whether damage was repaid (no evidence exists as to the change of punishment); and