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A defendant shall be punished by imprisonment for not less than five months.
Reasons
Punishment of the crime
[Criminal Power] The defendant was sentenced to 8 months of imprisonment with prison labor for habitual fraud at the Suwon District Court on June 24, 2010 and for the same year
8. 19. The detention center terminated the enforcement of the above sentence.
[2012 Highest 4074] The Defendant, around 20:50 on October 23, 2012, operated “E” on the second floor of the building located in Yeongdeungpo-gu Seoul Metropolitan Government C, and the fact is as follows: (a) even if using a computer in the PC, he/she acted as if he/she did not have any intent or ability to pay the fee; (b) was assigned 32 computers from the victim to pay the fee; and (c) was used for approximately 24 hours until October 24, 2012, and did not pay the fee of KRW 20,000.
Accordingly, the defendant was provided with services equivalent to 20,000 won by deceiving the victim, and acquired property benefits.
[2012 Highest 4212]
1. On September 17, 2012, around 17:44, the Defendant used the said computer by the victim F “H” operated by the victim F on the second floor of the Dongjak-gu Seoul Metropolitan Government G Building, as if the victim F would normally pay the cost of use, and was affixed to a computer installed at that place until around 15:00 of the same month.
However, even if the defendant uses the computer, he did not have the intention or ability to pay the price.
The Defendant received from the victim the use of the computer as above, and acquired the benefit of property amounting to 21,200 won.
2. On October 14, 2012, at around 19:19, the Defendant against the victim I, as if he were to pay the normal cost of use at the “KPC bank” operated by the victim I in Mapo-gu Seoul Mapo-gu Seoul, the Defendant applied the said computer to the computers installed therein, and then used the said computer until around 21:58 of the same month, and then ordered one and drinking water.
However, the defendant did not have the intention or ability to pay the price even if he used a computer or was provided with food.
The defendant uses a computer as above from a victim and food.