A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On March 30, 2011, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court, and completed the execution of the sentence on July 8, 2012.

On October 3, 2012, around 16:54, the Defendant was assigned one seat at the “E” room operated by the victim D in the Gangnam-gu, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, as if he would pay the said PC room fee to F who is an employee of the said PC room, and was assigned one seat thereafter.

However, at the time of fact, there was no person who has no money or credit card, and there was no person who asked to pay the PC fee instead of the PC, and even if using the PC computer, there was no intention or ability to pay that fee to the victim.

Nevertheless, the Defendant, as such, deceiving the above F and affixed the following month from that time;

4. From around 01:40 to around 52 minutes, the Defendant used the said PC-1 seat computer and did not pay a charge of KRW 8,900, thereby acquiring the same pecuniary profit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (prior to and confirmation of repeated crimes), judgment, application of Acts and subordinate statutes governing the status of personal identification and confinement;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. The scope of applicable sentences: Imprisonment for one month to twenty years;

1. Determination of types: Type 1 of general fraud (the amount less than 100 million won);

1. Special siblings: offsetting one another with the fact that the person is a repeated offender of the same kind and the extent of damage are insignificant;

1. Scope of recommendations: Imprisonment with prison labor for not more than one year in the basic sphere of category 1;

1. A suspended sentence: Before committing a crime during the period of repeated crime;

1. Determination of sentence: Imprisonment with prison labor 6 months - The judgment shall be rendered as ordered for the reasons above, including the circumstances and motive and background leading to the crime, degree of damage, and other circumstances such as the age, character and conduct, intelligence, environment, etc. of the defendant;