A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 15:40 on May 2, 2015, the Defendant: (a) committed an act in the EPC operated by the victim C in Pyeongtaek-si; (b) as if he/she did not have any intent or ability to pay the PC even if using it, he/she had the intent or ability to pay the PC; and (c) by deceiving the victim as if he/she did so; and (d) by deceiving the victim, he/she did not use the PC from the victim until May 23, 2015, and did not pay KRW 10,700 to the victim’s pecuniary advantage.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. On June 20, 2015, around 18:33, the Defendant: (a) committed a crime in HPC operated by the Victim FF in Pyeongtaek-si G; (b) as if he had no intent or ability to pay the PC even if he/she was to use or received food, he/she had the intent or ability to pay the PC; (c) by deceiving the victim; and (d) was provided food equivalent to KRW 30,200 at the market price by deceiving the victim; and (e) thereafter, he/she did not use the PC until June 23:19, 2015 and did not pay KRW 63,300 for the fee.

Accordingly, the defendant, by deceiving the victim, acquired property or acquired property benefits equivalent to 93,500 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. Application of Acts and subordinate statutes on screen pictures of CCTV image data printed, and of photographic images of Defendant PC-based computers;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application of the sentencing criteria [the range of recommending punishment] General Fraud (the amount less than 100 million won) and the basic area (6 months to one year and six months) of the sentencing criteria; and

2. The fact that there has been any history of punishment by mistake in the same kind of determination of sentence, and the recovery of damage; and