beta
(영문) 부산지방법원 2013.11.21 2013고정3882

사기

Text

Acquittal of the accused shall be acquitted.

Reasons

1. On September 22, 2012, the Defendant did not have an intention or ability to pay the price even if he/she drinks, etc. at a Dju shop operated by the victim C in Busan Dong-gu, Busan on September 22, 2012.

Nevertheless, as the Defendant would settle the payment, the Defendant was provided with alcohol and food equivalent to the sum of KRW 170,000,000, which is the sum of the 25th Crypt and Cypt 25th Cypt and Cypt 25th Cypt.

Around 16:00 on September 15, 2012, the Defendant issued an order for alcohol and alcohol to the G-ju store operated by the Victim F in Busan Dong-gu, Busan, stating that “A director has been a H apartment and is the president of the construction company and is the president of the construction company, and there is a revenue of KRW 30 million in the month.”

However, the facts did not have the intention or ability to pay the price even if they were ordered by alcohol and alcohol.

The Defendant was issued from the victim the victim 12,00 won of the market price of the 4th week, the market price of the 30,000 won.

After all, the defendant was given property by deceiving the victim.

2 Judgment

A. In a case where a judgment of conviction has become final and conclusive on a part of several of the facts constituting an all-inclusive crime as a habitual offender, if a new public prosecution was instituted on the remaining crimes committed before a judgment of facts in the final judgment was rendered, that new public prosecution was instituted on the same case as the case on which a final and conclusive judgment was rendered, and thus, a judgment of acquittal should be rendered.

(See Supreme Court Decision 2001Do3206 delivered on September 16, 2004, see Supreme Court Decision 2001Do3206 delivered on September 206).

According to the records, the defendant appealed on December 18, 2012 at the Busan District Court sentenced one year to imprisonment for habitual fraud, but the dismissal judgment was sentenced on February 21, 2013, and the defendant appealed on April 2, 2013, but the above judgment became final and conclusive after withdrawing the appeal.