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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On April 18, 2012, the Defendant was sentenced to a suspended sentence of one year and one year of imprisonment with prison labor at the Seoul Central District Court for fraud, at the Seoul Central District Court on March 18, 2012, and the said judgment became final and conclusive on April 26, 2012, and is currently in the grace period.
around 1:27 July 20, 2012, the Defendant used the PC from the EPC operated by the victim D located in Gangnam-gu Seoul Metropolitan Government to the 21:30 of the same day by pretending that he would pay the fee if he would make the PC available at the EPC operated by the victim D in Gangnam-gu Seoul.
However, at the time, the defendant did not have the intention or ability to pay the above PC use fee.
Nevertheless, the Defendant, as if he were to pay the above fee for the use of the PC, deceiving the victim and did not pay the fee for the use of the PC amounting to KRW 11,00,000 from the above victim, thereby acquiring property benefits equivalent to the same amount of money from September 6, 2012 from that time to September 03:48, 2012.
around 19:46 August 16, 2012, the Defendant, “2012 Highest 5167,” pretended to pay the fee if he had the PC used at the H PC managed by the injured party G (the age of 28) located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to use the PC, etc. from the following day until 09:00 on the following day.
However, at the time, the defendant did not have the intention or ability to pay the above PC use fee.
Nevertheless, the Defendant, as if he were to pay the above fee for the use of the PC, deceiving the victim, and then did not pay the fee even if he was provided with the PC use service equivalent to 15,600 won from the above victim, thereby obtaining property benefits equivalent to the same amount.
around 19:24 August 6, 2012, the Defendant, “2012 Highest 6093”, at the “K” bank operated by the Victim J in Eunpyeong-gu Seoul, Seoul, and the PC bank.