A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal records] On October 22, 2015, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Southern District Court on July 6, 2017, and was sentenced to eight months of imprisonment for fraud, etc. at the Gwangju District Court on July 6, 2017, and completed the execution of the sentence by the Gwangju District Court on November 11, 2017.

[Criminal facts]

1. On August 4, 2018, around 20:0, the Defendant ordered C cafeteria located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul. Around August 4, 2018, the Defendant: (a) as if he/she was seated on a table, and would have paid food value to the victim D, his/her employees, he/she placed an order to B.

However, the defendant did not have an intention or ability to pay food value because he did not possess credit cards or sufficient cash at the time.

Nevertheless, the Defendant received from the injured party the amount of KRW 20,00 per annum of 1,400 per annum of air with a brupted amounting to KRW 1,000 per annum of KRW 20,00.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, at the same time and place as described in the above paragraph 1, posted a string of the strings on the table without any justifiable reason, which led to the disturbance of the strings, and let many and unspecified customers eating food at the above strings.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of results of search by prisoners);

1. Relevant legal provisions 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 choice of imprisonment line for each crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The circumstances in favor of the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: the defendant committed the instant crime.