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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
On September 2, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence on May 6, 2016 at the Netcheon Prison.
1. On September 6, 2016, the Defendant stated that, around September 6, 2016, the Defendant made it possible for D to use a computer, as if D, working as an employee, would be able to pay for the use of the computer from “EPC room” at an employee time, around September 23:45, 2016.
However, there was no money or credit card held by the Defendant, so even if the Defendant was provided with a computer from D, there was no intent or ability to pay the price.
The Defendant was provided with one computer in his place from D, from that time until September 9, 2016, and continued to reside in the said PC from that time until September 9, 2016, and was provided with a computer amounting to KRW 79,500 as the cost for using the computer.
Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to 79,500 won.
2. On September 10, 2016, the Defendant stated that, around 09:51 on September 10, 2016, the Defendant would be able to pay the amount of using a computer from the “HPC room” in the operation of the Victim G in F at the time of leisure, and that the Defendant would allow the victim to use the computer.
However, the defendant did not have any money or credit card, so even if he was provided with a computer from the injured party, there was no intention or ability to pay the price.
The Defendant was provided with one computer at five computers located in the place of damage, and from that time until September 11, 2016, the Defendant continued to reside in the said PC room from September 11, 2016, and was provided with a computer amounting to KRW 14,500 as a cost for using the computer.
Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits equivalent to 14,500 won.
3. On September 28, 2016, the Defendant’s fraud [2016 order 2474] ”KPC room for the operation of the Victim J, which was located in I at the time of female flood around September 28, 2016, around 23:00.