You should see how much fraud I commit with my gym membership.
But you've strawmanned this. Do you go to the gym, put your towel down on the leg press machine, and then go to the juice bar for a drink? Because that's what we're discussing here: taking away a finite resource so that others can't use it.
People with unused gym memberships who don't show up haven't promised anything. They didn't make an appointment with a personal trainer, they don't have machines reserved, there's no implicit contract to exchange limited resources for a membership fee. Your membership fee gives you access to these resources, not a guarantee of their usage. If you go to the gym and every treadmill is in use, then you don't get a treadmill for now. You just wait for a treadmill.