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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 one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【2013 Highest 3078】
1. On November 14, 2013, the Defendant: (a) around 05:37, the “EPC bank” administered by the victim D under Seongdong-gu Seoul Seongdong-gu Seoul Seongdong-gu Seoul (hereinafter “EPC bank”); and (b) even if using the PC due to the lack of money in water, the Defendant used the PC for approximately 37 hours and 23 minutes from the following day by deceiving the victim as if the Defendant had the ability to pay the amount of using the PC, even if he/she did not have any intent or ability to pay the amount of using the PC.
As above, the Defendant: (a) did not pay 37,200 won to the victim while deceiving the victim and using the PC from the victim; and (b) acquired pecuniary benefits equivalent to the same amount.
2. On November 13, 2013, the Defendant: (a) around 09:26, at the “HPC bank” managed by the Victim G in Seongdong-gu Seoul, Seongdong-gu, Seoul; and (b) even if using the PC due to the lack of money in water, the Defendant did not have an intent or ability to pay the cost of using the PC; and (c) used the PC located therein for about 17 hours from the following day by deceiving the victim as if the Defendant had the ability to pay the cost of using the PC.
As above, the Defendant: (a) did not pay KRW 20,00,000, while deceiving the victim and using the PC from the victim; and (b) acquired the pecuniary benefits equivalent to the said amount.
3. On November 16, 2013, the Defendant, at around 20:17, used the PC in the “KPC” administered by the Victim J in Seongdong-gu Seoul, Seongdong-gu, Seoul. Around November 16, 2013, the Defendant used the PC located therein for about 29 hours, as if the Defendant had the ability to pay the cost of using the PC, even if he did not have any money under water, and even if he did not use the PC, he did not have any intent or ability to pay the cost of using the PC.
As above, the Defendant: (a) did not pay 32,100 won to the victim while deceiving the victim and using the PC from the victim; and (b) acquired pecuniary benefits equivalent to the same amount.
【2013 Highest 3111】 The Defendant is Seoul around November 18, 2013.