A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Busan District Court Branch Branch of the Incheon District Court on August 28, 2015, and the execution of the sentence was terminated on January 9, 2016.

1. On February 23, 2016, the Defendant: (a) on February 23, 2016, the facts in Suwon-si C and the EPC room operated by the victim D on February 23, 2016, around 13:54, in Suwon-si, Suwon-si, and the third floor, are the same as if the Defendant would pay the price to F, an employee of the said PC; and (b) from that time, the Defendant used a computer for eight hours and 16 minutes until 2:10 on the same day, and did not pay the price.

Accordingly, the Defendant, by deceiving F, acquired financial benefits equivalent to 8,300 won for the PC room usage fee from the victim D.

2. On March 1, 2016, the Defendant used a 34 hours and 32 minutes of computers from March 22, 2016 to March 12, 2016, in fact in Suwon-si G and Intellectual PropertyC operated by the victim H on March 1, 2016, even though the Defendant had no intent or ability to pay the price, he/she would like to pay the price to the said PC employees. The Defendant did not pay the price even if he/she used the 34 hours and 32 minutes of computers from March 2, 2016 to December 12, 2016.

Accordingly, the Defendant, by deceiving the J, acquired pecuniary benefits equivalent to 34,600 won for the PC room usage fee from the victim H.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of F and J;

1. Previous conviction: Application of a written inquiry about criminal history, investigation report (the confirmation report on the criminal history of the suspect and the date of release from the military court).

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Grounds 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;

1. Application of the sentencing guidelines [the type of determination] Fraud, general fraud, and type 1 (less than KRW 100 million) (special sentencing factors): Aggravation area of identical repeated crimes [the territory of recommendation and sentence of recommendation] increased, one year and six months;

2. Determination of sentence: Imprisonment with prison labor for a defendant of six months;