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(영문) 서울서부지방법원 2015.05.07 2015고단497

사기

Text

Acquittal of the accused shall be acquitted.

Reasons

1. The Defendant did not have a certain occupation in the facts charged of the instant case and was subject to a summary trial of in-house transfer on seven occasions since November 200.

On November 20, 2014, between 14:00 and 16:40, the Defendant was placed in D restaurants located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, by ordering food of an amount equivalent to KRW 56,00,00, including 1 disease, but did not have the intention or ability to pay the food cost, and had profits equivalent to that amount without paying the food cost.

2. According to the judgment of the Seoul Central District Court Decision 2014Da7016, 8768 Decided January 29, 2015, the Defendant, as in the instant case, was sentenced to imprisonment with prison labor for a crime of habitual fraud and insult at the Seoul Central District Court on several occasions from July 29, 2014 to December 2014, as in the instant case, and on January 29, 2015, as the offense of habitual fraud and insult committed by a police officer, can be acknowledged that the said judgment became final and conclusive around that time.

The facts charged in the instant case, among the facts constituting the crime in the final judgment above, by habitual fraud and the facts charged prior to the pronouncement of the judgment, are deemed to have been reduced by the realization of the Defendant’s fraudulent habits, in view of the means and methods of the crime, the period of the crime, and the criminal records of the Defendant, etc.

In addition, the effect of the above final judgment extends to the facts charged in this case, which is one comprehensive crime.

Therefore, the facts charged in this case constitute a final judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.