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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On May 9, 2013, the Defendant sentenced two months to imprisonment for fraud at the Daegu District Court, and completed the execution of the sentence on July 9, 2013.
around 15:00 on November 9, 2013, the Defendant used the PC to the EPC operated by the victim D located in Gangseo-gu Seoul Metropolitan Government, as if he would pay his service charges. However, the Defendant did not have any intent or ability to pay his service charges even if he was provided with the PC due to the absence of money at the time.
On November 10, 2013, the Defendant provided PC use services equivalent to 15,400 won from the victim, and acquired economic benefits equivalent to the same amount.
At around 20:50 on December 24, 2013, the Defendant used the PC as if he would pay the user fee. However, the Defendant did not have any intent or ability to pay the user fee even if he was provided with the PC due to the absence of money at the time.
Nevertheless, the defendant deceivings the victim, and was provided by the victim with the use of the computer from 08:00 on the 25th of the same month, and acquired the pecuniary profit equivalent to 11,400 won.
Summary of Evidence
1. Statement by the defendant in court;
1. Each statement of F and H;
1. Previouss before ruling: Application of criminal history records, investigation reports (verification reports, such as the end date of the execution of the punishment), and other Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the sentence of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act: (a) 14 same criminal records, such as repeated crimes, in the reasoning of sentencing, are identical to those indicated on the Defendant; (b) 25 November 2, 2013 of the same month, after the end of the sentence, the Seoul Central District Court issued a summary order of KRW 1.5 million on November 25, 201.