A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On November 15, 2016, the Defendant was sentenced to four months of imprisonment for fraud in the Changwon District Court's Jinju branch, and the judgment became final and conclusive on April 10, 2017.

1. On January 16, 2017, at around 22:00, the Defendant acquired the 700,000,000 won in total from the injured party, including two concurrent weeks, from the injured party, in the “EM” operated by the victim D, who is in Jinju-si, in Jinju-si, without any intent or ability to pay the drinking value.

2. On January 16, 2017, from around 22:00 to 22:20 of the same day, the Defendant: (a) taken out the name of F and G, a walk in the Jin area where the Defendant was demanded by the victim D to pay the drinking value; (b) taken out the name of F and G, a walk in the Jin area where the Defendant was demanded by the victim D; and (c) continued to take the disturbance, such as continuously taking a bath, thereby getting other customers outside the said main place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A previous conviction in the judgment: A criminal investigation report (the content of the case in which detention was revoked during the appellate trial judgment and confirmation of the final appeal judgment) (the contents of the case in which detention was revoked during the appellate trial judgment and the confirmation of the final appeal judgment) is conducted on the basis of the application of Article 35 of the Criminal Act, and the execution of a sentence is premised on the final judgment.

Even if this cannot be said to be the termination of the execution of imprisonment without prison labor, and the execution of the above imprisonment with prison labor was terminated only after the judgment on the defendant was made on April 10, 2017.

Since each of the crimes of this case is committed before the execution of the above imprisonment is completed, and it does not constitute a repeated crime.

1. Relevant Article 347(1) 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 the choice of imprisonment for each crime;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes