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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 710] On July 17, 2017, the Defendant sent the same attitude of entering the “E” room for the operation of the victim D(E) on the 13:00 floor around 17, 2017, to pay the victim a fee according to the hours of the use of the victim at the time of the use of the victim’s seat at around 28. At that time, the Defendant received a seat assignment from around 12:20 of the same month to around 18:20 of the same month, and was provided with the service of use of the victim, such as taking orders.
However, the defendant did not have cash or other means of payment, so he did not have an intention or ability to pay usage fees to the victim.
Nevertheless, the Defendant did not pay a charge of 35,900 won, even though the Defendant deceptioned the victim and was provided with the use service for about 23 hours and 20 minutes from the victim, thereby acquiring the pecuniary benefits equivalent to the same amount.
[2017 Highest 759] On July 15, 2017, the Defendant: (a) within the HPC room operated by the Victim G in Gangwon-si, Gangwon-si, the Defendant provided the said PC employee I with the PC use price, goods, etc.; and (b) paid the price.
However, the defendant did not have any intention or ability to pay the price even if he was provided with PC services, goods, etc. from the damaged person.
Defendant deceiving the victim from that time until 16:49 of the same day, and used the PC for about 14 hours (20,300 won) from that time, and acquired the pecuniary benefits equivalent to KRW 28,800 in total from that time.
[2017 Highest 878] The Defendant, around 11:00 on June 29, 2017, sent the same attitude that the Defendant entered the “LPC room” operated by the Heung-gu JJ as a customer and paid the said victim a normal fee for the hours of using the PC. From that time, the Defendant was provided with the PC room service up to 19:10 on the same day.
However, the defendant retains cash and other means of payment during the period of time.