A defendant shall be punished by imprisonment for one month.

Punishment of the crime

[criminal power] On May 11, 2012, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Military Service Act at the Daejeon District Court on October 16, 2012, and the judgment became final and conclusive on May 19, 2012. On December 20, 2012, the judgment was sentenced to a suspended sentence of one year for a crime of fraud at the Seosan Branch of the Daejeon District Court on April 28, 2012, which became final and conclusive on December 28, 2012. On June 14, 2013, the said judgment was sentenced to a suspended sentence of four months for a crime of fraud at the Seocheon Branch Branch of the Daejeon District Court on April 8, 2015, and the said judgment became final and conclusive on April 16, 2015.

【Criminal Facts】

On January 29, 2015, the Defendant was provided with a seat for the use of a computer by committing an act as if the Defendant would normally pay a fee for use of the computer in the “Emba” operated by the victim D in the Dong-gu Daejeon-gu Daejeon, Daejeon.

However, the defendant did not have any ability or intent to pay the user fee.

The Defendant continued to provide game services worth KRW 12,400 for 12 hours in total at the same place from around that time to January 30, 2015.

Accordingly, the defendant deceivings the victim to acquire the pecuniary profit equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. F's self-written statement;

1. Previous convictions: Criminal history records, inquiry reports, investigation reports (verification of the date of release related to the invalidation of the suspended sentence of a suspect), application of statutes on the judgment of a defendant;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing of concurrent crimes under the latter part of Articles 37 and 39 (1) of the Criminal Act (the crimes above and fraud for which judgment has become final and conclusive);

1. The sentencing guidelines do not apply to the crime of applying the sentencing guidelines and the crime of fraud for which the judgment becomes final and conclusive, as the latter part of Article 37 of the Criminal Act is concurrent crimes.

2. Determination of sentence;