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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
On July 19, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court, and completed the execution of the sentence on March 16, 2018.
On April 19, 2018, the Defendant used a computer as if he did not have an intent or ability to pay the price even if he did not use the computer because there was no money in the OOPC room of the victim D operated in Gwangju Northern-gu, Gwangju, 00:46.
As such, the Defendant did not pay 66,700 won in total even after deceiving the victim and being provided a computer from the damaged party, thereby acquiring property benefits equivalent to the same amount.
From April 12, 2018 to April 13, 2018, the Defendant obtained a total of KRW 130,600,000 property interest by deceiving four scambling operators over four occasions from around 07:56 to around 08:53, 2018, while carrying out a computer as if he did not have an intent or ability to pay usage fees, and failing to pay 37,500 won, even though he/she did not have an intent or ability to pay usage fees, and from that time to April 25, 2018.
Summary of Evidence
"2018 Highest 1634"
1. Statement by the defendant in court;
1. Written statements of D;
1. On-site documentary evidence referring to "2018 Highest 1738";
1. Statement by the defendant in court;
1. A H statement;
1. On-site evidence and photographs;
1. Investigation report (Matters to be investigated with respect to additional leisure crimes, / G SPS bank on April 12, 2018, GPS bank on April 13, 2018, ISP bank on April 13, 2018, J CP bank on April 14, 2018, and J CPS bank on April 14, 2018).
1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.