A defendant shall be punished by imprisonment for not less than five months.

Punishment of the crime

[criminal records] On June 26, 2014, the Defendant was sentenced to a suspended sentence of two years for a criminal act of fraud at the Suwon District Court member, who was sentenced to a suspended sentence of two years for six months. On November 7, 2014, the same court was sentenced to six months of imprisonment for a criminal act of fraud, and the execution of the sentence was terminated at the Suwon Detention House on December 29, 2014. On September 2, 2015, the Defendant was sentenced to imprisonment for two months with prison labor and six months for a criminal act of fraud, and on October 17, 2015, the execution of the sentence was terminated at the Suwon Prison.

[Criminal facts]

1. On October 19, 2015, the Defendant: (a) acted in the EPC operated by the victim D, which is located in W, on October 19, 2015, as if he/she had no intent or ability to pay the price, even if using the PC, and as if he/she was unable to pay the price, he/she had the intention or ability to pay the price; (b) by deceiving the victim on October 20, 2015, and did not use the PC until October 13:00 and did not pay the price equivalent to KRW 26,700 for the use of it.

2. On October 23, 2015, the Defendant: (a) committed an act in GPC operated by the Victim D, F innju City, as if he did not have the intent or ability to pay the price, even if using the PC, and was unable to pay the price, and by deceiving the victim on October 24, 2015; (b) did not use the PC until October 23, 2015; and (c) did not pay an amount equivalent to KRW 23,500 of the price, thereby acquiring property benefits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement of charges;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (the same criminal records as the suspect and criminal records for repeated crimes);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Although the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is favorable in terms of the following: (a) the Defendant was committed during the commission of his/her criminal act and against himself/herself; and (b) the total amount of damages is relatively small to approximately KRW 50,000, the Defendant has been punished several times for the same crime.