A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal history] On May 31, 2017, the Defendant was sentenced to one year of imprisonment for fraud in the support of Suwon Friwon, and the execution of the sentence was completed at the Gisung Vocational Training Institution on February 25, 2018.

[2] On March 12, 2018, around 01:31, the Defendant entered the “EPC room” operated by the victim D located in Jung-gu Incheon Metropolitan City, Jung-gu, as if there was money, and ordered food, such as spaws and chis, from that time to that time, the Defendant used a computer kept therein from that time until 03:01 of the same month and ordered food.

However, there was no intention or ability to pay computer usage fees or food values, because there was no means of settlement.

The defendant was provided with computer-use services amounting to KRW 59,200 and food amounting to KRW 30,500, and acquired property benefits amounting to KRW 89,700 in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Details of use of the PC;

1. Previous convictions: Inquiry into criminal history, investigation reports (Attachment to the same type of crime, confirmation of the date of release from the court), application of Acts and subordinate statutes concerning personal confinement;

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] in general fraud [10 million won or less] [1 month to 1 year] in the mitigation area (special mitigation (the person subject to special mitigation)] or in the case where the degree of deception is weak; / In the case where the defendant committed the crime of this case not only has the record of being punished for the same kind of crime but also has committed the crime of this case within the repeated crime period for the same kind of crime before several times, and the victim has not recovered from damage.

However, the fact that the amount of damage is minor, the fact that the defendant repents his mistake, etc. is considered as favorable to the defendant, and others.