A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

around 09:56 on March 5, 2016, the Defendant used the said PC for about seven hours after receiving an order from the head of Dong-gu and Dong-gu to pay food and the cost of using the PC in the “E” PC (PC) room for the operation of the victim D on the Nam-gu Incheon Metropolitan City C and 8th floor.

However, the Defendant did not have any intention or ability to pay food value and PC use fee even if he was provided with food as above and used the PC computer from the beginning.

Accordingly, the Defendant, by deceiving F as above, received food equivalent to KRW 4,500 from F, and failed to pay KRW 8,200 for the PC use fee, thereby obtaining pecuniary benefits equivalent to the same amount.

around 09:10 on June 30, 2016, the Defendant stolen the cash amounting to 15,000 won owned by the Victim H in Daegu Northern-gu, Daegu-gu, by taking advantage of the gaps in which the victim was in the principal room and taking advantage of the gaps in food in the principal room.

Summary of Evidence

"2016 Highest 1580"

1. Defendant's legal statement;

1. The F's statement "2016 Highest 4608";

1. Defendant's legal statement;

1. The police statement of H;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud), Article 329 of the Criminal Act and choice of imprisonment with prison labor for the crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Application of the sentencing criteria;

(a) Class 1 crime (Fraud) (Fraud) and Class 1 (Fraud less than KRW 100 million) and the basic area (from 6 months to 1 year and 6 months) (no special person);

B. The mitigated area (from April to October) of the mitigated area (special mitigation) of Type II (General thief) for general property is not subject to punishment.