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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On March 27, 2018, the Defendant was sentenced to four months of imprisonment for fraud at the Daegu District Court, and completed the execution of the said sentence on April 20, 2018.
1. On September 18, 2018, the Defendant: (a) while drinking alcohol in a “D” restaurant operated by the Victim C in Busan Metropolitan City on September 21, 2018; (b) without any special reason, the Defendant: (c) took a bath to other customers, without any justifiable reason,; (d) demanded the customer to pay the food value; and (e) demanded the victim to take a bath to other customers.
“Along with sound, customers who have fluened in a disturbance for about 1 hour and 40 minutes, who had fluenced therein, interfered with the victim’s restaurant business by force, such as having a restaurant run.
2. The fraud accused ordered the victim C to pay the amount of food at the date, time, and place specified in paragraph 1, despite having no intent to pay the amount, and ordered the land conference and owner to pay the amount.
The Defendant, as such, by deceiving the victim, was provided with 38,500 won in total at the market price from the injured party, one contact at one time and one week, etc.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. Receipts:
1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (the confirmation of the previous convictions in the same case), personal expropriation status, summary information of the case, and application of the text of the judgment;
1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 347(1) of the Criminal Act (the point of fraud) and the choice of imprisonment, respectively, for the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Criteria for sentencing reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
(a) Class 1 Crimes (Fraud) [Scope of Recommendations] In the event that: (a) the mitigation area (one month to one year) (special mitigation (special mitigation)] of mitigation area; (b) the non-conformity of punishment or considerable damage has been restored; (c) the same repeated crime of the same kind has been committed in general fraud
(b)forth two crimes (Interference with business affairs) (the scope of recommended sentences).