A defendant shall be punished by imprisonment for not less than three months.

Punishment of the crime

On January 16, 2014, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan District Court, and the execution of the sentence was terminated on December 29, 2014.

Criminal facts

On April 22, 2015, the Defendant settled KRW 9,000 as if he would normally pay the service charges from the “ QPC room” of the victim P located in the Busan Young-guO on April 22, 2015, and then continuously engaging in the game and then the victim demanded interim settlement, thereby making a final calculation.

A false statement was made.

However, there is no money available to the defendant, and there is no intention or ability to pay the PC user fee normally.

Nevertheless, the defendant would continue to use QPC room by deceiving the victim as above, and around April 24, 2015, around 07:00 on April 24, 2015, the defendant would receive money from R, who is an employee of the above PPC, by taking charge of the head of the Tong of the corporate bank and the certificate of re-issuance of resident registration certificates.

After the end, it did not pay 47,700 won for the PC room in a way that does not return to the above PC room, and acquired financial benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement protocol of the police;

1. Police seizure records;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes to investigation reports (personal confinement status);

1. Relevant provisions of the Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for the crime (generally, selection of imprisonment with prison labor);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [Scope of Recommendation] In the case where a person intentionally commits a deceitful act in the mitigated area (one month to one year) (special mitigation) [the person subject to special mitigation] or in the case where the degree of deceptive act is weak / Where the amount of damage is relatively small amount of damage or the defendant has already been punished several times prior to the instant case, he again commits the instant crime during the period of repeated crime even though he had the record of being punished several times for fraud.