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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【2018 High 59 [criminal records] Defendant was sentenced on November 15, 2017 to imprisonment with prison labor for the purpose of fraud in the original state support of the Chuncheon District Court on November 15, 2017, and the said judgment became final and conclusive on the 23th of the same month, and is currently in the period of suspension of execution.
[2] On January 2, 2018, the Defendant committed an act as if he would normally pay the fee for the hours of using the PC to the above victim within the “EPC room” operated by the Victim D at Won-si, Seoul.
However, even if the defendant was provided with the PC use service from the injured party, the defendant did not have the intention or ability to pay the fee.
Defendant deceiving the victim as above and was provided with the PC use service from the victim from around 16:47 to around 17 hours following the following day, but did not pay 20,300 won of the fee, thereby acquiring property profits equivalent to that amount.
On November 15, 2017, the Defendant had been sentenced to one year of suspension of the execution of imprisonment for fraud in the original branch of the Chuncheon District Court on November 23, 2017, and the judgment became final and conclusive on November 23, 2017, and is currently under suspension of the execution. On January 19, 2018, the Defendant was detained by fraud in the same court and is still under suspension of the first instance trial.
Criminal facts
On January 15, 2018, the Defendant, at around 18:00, received property equivalent to KRW 23,900 from the victims on seven occasions in total, as indicated in the attached crime list, from the time on January 31, 2018, including: (a) by deceiving the victims in such a way that the victims did not have the intent or ability to pay the price, and would like to pay the price to the victims properly; and (b) by deceiving the victims as if they were to pay the price to the victims, and (c) having received the services and foodstuffs equivalent to the sum of KRW 52,00 from the victims.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement made to I and J;
1. Each of D, K, L, G, and M.