A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal records] On June 8, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence at the Sungsung Vocational Training Correctional Institution on November 9, 2017.

[2] Criminal facts [2017 Highest 8265] The Defendant, from around November 14, 2017 to around 14:00 on the same day, was provided with the “EPC room” working for the victim D located in Gwanak-gu in Seoul Special Metropolitan City from around 08:20 to around 14:00, by deceiving the victim as if he had an intent or ability to pay the price even if he/she used the PC or ordered drinking water, and acquired property profits equivalent to the same amount after being provided with the sum of 11,400 won, including the cost of using the PC room, drinking water, etc. from the victim as if he/she had such intent or ability.

[2018 Highest 718] The Defendant’s indictment on November 14, 2017 is written as “the 17 November 17, 2017.” However, according to the evidence records, etc., it is evident that the Defendant is a clerical error in the indictment “ November 14, 2017.” As such, the Defendant’s indictment is corrected ex officio without the amendment process.

From 21:53 to 18:07 of the same month, in HPC operated by the victim G in Ansan-si, the victim G from Ansan-si, the 15th day of the same month, the fact was obtained from the victim who had no intent or ability to pay the price despite using or ordering food, etc. by using the PC, and by deceiving the victim as if he had such intent or ability, and obtained the pecuniary profit equivalent to the same amount after being provided with the sum of 33,600 won, such as the cost of using the PC and the cost of food, from the victim.

Summary of Evidence

[2017 Highest 8265]

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs (2018 Height 718);

1. Statement by the defendant in court;

1. Statement of G;

1. Interim invoice or on-site photograph (the previous record of judgment);

1. Application of investigation reports (verification of the history of repeated crimes), text of judgment, and Acts and subordinate statutes for inquiry into confinement;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.