A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 16, 2013, the Defendant was sentenced to five months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on February 3, 2014.

1. On May 29, 2015, around 08:39, the Defendant used a PC by deceiving the victim as if he/she would pay the PC usage fee in the “E” room of the victim D operation in Daegu-guned Group C, by deceiving the victim to conduct game and Internet search.

However, due to the absence of cash or credit card, there was no intention or ability to pay the PC usage fee.

As above, the Defendant, by deceiving the victim, used the PC by up to 21:30 on the same day, and did not pay an amount equivalent to 17,800 won of the amount used, thereby acquiring pecuniary benefits equivalent to that amount.

2. On December 11, 2015, from around 10:00 to December 12:00, 2015, the Defendant used a PC, such as deceiving a victim and conducting a game, as if he/she would pay the cost for using the PC in the third floor of the F Building in Daegu-gu, Daegu-gu, as he/she would have paid the cost for using the PC in the third floor of the F Building.

However, due to the absence of cash or credit card, there was no intention or ability to pay the PC usage fee.

As above, the Defendant did not use a PC for about 100 hours by deceiving the victim, and did not pay KRW 80,500,000, thereby acquiring property benefits equivalent to that amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. G statements;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports (verification of confinement records), and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is small, however, the injury amount is small, but the same criminal records, repeated crimes, the defendant's family environment, intellectual ability, and the situation that the arche has been collapsed, and the treatment is not properly performed.