사기
Acquittal of the accused shall be acquitted.
1. On April 15, 2017, the Defendant: (a) ordered the victim of the “D” ran tavern operated by the victim C in Gyeyang-gu, Seoyang-gu; and (b) did not have the intent or ability to pay the price, but did so; (c) the Defendant did not order the victim of the “D” ran bar operated by the victim C; and (d) did not pay the price, and (e) did not acquire pecuniary benefits equivalent to 110,000 won from the victim; and (e) did not pay the price.
2. In a case where a judgment of conviction has become final and conclusive for a part of multiple criminal facts which are related to a comprehensive crime as a habitual offender, if a new prosecution has been instituted for the remaining crimes committed prior to the judgment of facts in the final and conclusive judgment, such new prosecution is to be brought again for the same crime as the case in which the final and conclusive judgment was rendered (Article 326 subparagraph 1 of the Criminal Procedure Act). However, in order to apply such a legal principle, it is necessary to have the relevant defendant prosecuted as a habitual offender in the final and conclusive judgment prior to the final and conclusive judgment, and if it is committed to a crime constituting a basic element of habitual crimes, it is necessary to have the relevant criminal committed for the crime committed after being prosecuted for a habitual offender, or only after considering the criminal facts already found guilty in the judgment prior to the final and conclusive judgment, it shall be deemed that the final and conclusive judgment prior to the final and conclusive judgment constitutes a comprehensive crime as a habitual offender, and the criminal defendant shall not be deemed to have reached the remainder of the crime prior to the judgment of conviction (see Supreme Court Decision 2000Do1697, Feb. 16, 20001.