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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
On February 13, 2013, the Defendant was sentenced to eight months of imprisonment for fraud in the Gyeyang Branch of the Suwon District Court on February 13, 2013, and completed the execution of the sentence in the Ansan Prison on August 27, 2013.
On April 22, 2014, around 22:55, the Defendant demanded the victim to seat the PC at the “E” room in Ansan-gu, Masan-si, Masan-si, Masan-si, as if he/she had the intent or ability to pay the charge.
However, the defendant did not have any intention or ability to pay the charges.
As such, the Defendant, by deceiving the victim, obtained the PC seat from the victim, that is, by being provided with the PC seat from the seat, and obtained a total of KRW 93,400 from that time, from May 7, 2014, including by using the PC for about 10 hours.
On April 25, 2014, the Defendant: (a) around 20:20 on April 25, 2014, the 2017 Defendant requested H, an employee of the said PC, to use a computer, in the PC room on the second floor G located in Ansan-gu G in the Sinsan-si of the operation of the Victim F.
However, the defendant did not have any intention or ability to pay the price even if he uses a computer without any specific occupation and there is no money in the process.
The Defendant, by deceiving the above employee, received the aforementioned PC computer fee of KRW 9,800 from him, and acquired pecuniary benefits equivalent to the same amount.
Summary of Evidence
"2014 Highest 1039"
1. Defendant's legal statement;
1. Each statement of F, D, F, and I (Evidence Nos. 2, 4, 7, 10);
1. Fees, photographic photography, photographic (time and fee), on-site photograph, related photographic description, and extracted description (receipts, on-site photograph, etc.);
1. Previous convictions in judgment: Residents' inquiry and criminal records, and criminal investigation reports (Attachment to judgment of a suspect), "2014 Highest 1317";
1. Defendant's legal statement;
1. Application of H’s written Acts and subordinate statutes;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347(1) of the Criminal Act 1.