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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2015 Highest 1283] On September 4, 2015, the Defendant acquired property profits equivalent to KRW 3,800 of the charges from the victim, as he/she did not have any intent or ability to pay the charges, even though he/she did not have any cash or credit card, etc., in fact, at around 3 hours and 10 minutes, even if he/she did not have any intent or ability to pay the charges, at around 18:13,00.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

[2015 Highest 1310] The Defendant, from September 3, 2015 to 07:40 on September 3, 2015, was using a computer as if the Defendant would normally pay the above price to the victim, despite the absence of an intent or ability to pay the said price due to the lack of cash or credit cards possessed by him/her, etc.

The defendant acquired property benefits equivalent to the same amount because he did not pay 9,700 won in return for receiving computer from the victim.

[2015 Highest 1353]

1. On August 22, 2015, from around 23:00 to August 09:0, 2015, the Defendant used the “J” in the operation of the Victim I located in Ansan-gu Ha, Ansan-gu, Annyang-si, and the fact did not have any intent or ability to pay the PC use price normally, but used the PC as if it would pay the price normally.

As such, the Defendant, by deceiving the victim and being provided with the PC from the victim, acquired the pecuniary benefits equivalent to KRW 9,00,000, which is the proceeds of use.

2. On August 26, 2015, from around 18:00 to 23:00, the Defendant used the “M” of the victim’s L in Sinpo-si L, Sinpo-si, Sinpo-si, without any intent or ability to pay the PC cost normally, but the Defendant used the PC as if it would pay the cost normally.

As such, the Defendant deceivings the victim.