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Defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On September 26, 2019, the Defendant was sentenced to one year of imprisonment for fraud, etc. in the Seo-gu District Court Branch Branch of the Daegu District Court on September 26, 2019, and the execution of the sentence was completed at the Daegu Prison on July 24, 2020.
The Defendant of “D” operated by the Victim C on October 6, 2020, 2020, Daegu Seo-gu, Daegu, Seo-gu, Seoul, about 03:48, the Defendant did not have a certain income, and the Defendant did not have any means of settlement that can pay the cost of use at the time, and there was no intention or ability to pay the cost even if the Defendant was provided with the cost of use of the computer by the victimized person.
Nevertheless, the Defendant, as if he would normally pay the cost of using the computer, deceiving the victim to obtain financial benefits from the provision of the cost of using the computer equivalent to KRW 9,700 for the cost of using the computer from the victim, and acquired financial benefits from the victims in total at least three times, such as the list of crimes in the attached Table.
On October 5, 2020, the Defendant: “G” administered by the Victim F in Daegu-gu, Daegu-gu, Daegu-gu, Seoul-gu, on October 5, 2020; the Defendant did not have any revenue; and even if the Defendant did not have any intent or ability to pay the cost of using a computer even if he was provided with the service of using the computer from the victim due to his failure to possess the means of settlement, the Defendant by deceiving the victim as if he would normally pay the cost of using the computer, thereby acquiring property benefits from being provided with the service of using the computer amounting to KRW 7,800.
Summary of Evidence
“The legal statement H of the Defendant 2020 Ma 2628, the police report photographs of the Defendant Ha, the scene pictures of each police report of the Defendant Ha, the business registration certificate, the Kabow Roster photographs, and the CCTV images-fashing photographs 2020 Ma 2747”
1. Statement by the defendant in court;
1. F's statement protocol of the police (each of the above cases) ;
1. References to inquiries, such as criminal history, reports on investigation (verification of suspect repeated crimes), and the acceptance status of each individual;