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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2017 Highest 87] The Defendant, at around 06:00 on December 23, 2016, expressed the attitude that the above victim would normally pay the PC usage fee, and demanded the use of the PC.
However, the Defendant did not have any intention or ability to pay the pPC usage fee normally due to the absence of money.
While the Defendant, from around 06:00 on December 23, 2016 to December 24, 2016, provided the computers of the above PC room from around 06:00 on December 24, 2016, the Defendant did not pay a total of 27,000 won of the use fee.
Accordingly, the defendant, by deceiving the victim, obtained pecuniary benefits equivalent to the above PC user fee.
[2017 Highest 163] The defendant did not have any intention or ability to pay user fees even if he uses the PC because he has no specific occupation.
A. Around September 19:20 on September 7, 2015, the Defendant entered the “GPC room operated by the victim F, who was located in H, for about 31 hours, and escaped without paying KRW 24,800,000. On December 10, 2016, the Defendant 38,000 (GPC room) entered the said PC room and instead used the PC for about 31 hours. On December 10, 2016, the Defendant 38,000 won in total, including, but not paying KRW 13,200.
B. On November 30, 2016, from around 12:54 to December 22:15, 2016, the Defendant 1 (JPC room) entered the “JPC room” in which the victim I was working in the K and the second floor of the Sinpo City from around 2:15, 2016, and used the PC room for about 34 hours and did not pay a total of 30,800 won by purchasing the instant cups, beverages, etc.
[2017 Highest 199]
1. The Defendant, on January 23, 2017, committed fraud (2017 type No. 2417), from January 23, 2017 to January 22:38, 2017, was in the NPC room operated by the victim M in the Dong-gu L 2 from January 23, 2017 to 22:19 of the same month, the fact would be likely to be normally paid despite the absence of the intent or ability to pay the fee.