Acquittal of the accused shall be acquitted.

1. The Defendant is a person who is not a professional merchant.

At around 23:30 on February 14, 2013, the Defendant ordered alcoholic beverages, such as: (a) the amount equivalent to KRW 3 feet 600,000 per two weeks of alcoholic beverages at the Dju stores located in Gwanak-gu in Seoul Special Metropolitan City, which are operated by the Victim B.

However, the defendant did not have any intent or ability to pay the price even if he received an order of alcohol, alcohol, etc. due to the absence of money or valuables to be paid.

As such, the Defendant, by deceiving the victim, provided the victim with an amount equivalent to KRW 600,00,000, equivalent to KRW 80,000, and 700,000, such as singing room usage fee of KRW 20,000, and provided the victim with an alcoholic beverage and an alcoholic beverage of KRW 700,00.

2. According to the records, the Defendant, at the Youngju District Court’s Young-dong Branch on July 4, 2013, was sentenced to one year of imprisonment for habitual fraud, etc., and the judgment became final and conclusive on August 23, 2013, and the facts constituting the crime of the above judgment are as follows: “The Defendant, who had been a majority of the criminal records of fraud, was habitually innocent at the main point on February 13 and February 16, 2013.”

The facts charged of the instant fraud, which was committed prior to the final judgment and the rendering of the judgment, shall be deemed to have been committed by the realization of the Defendant’s fraudulent habits, in light of the method of crime and the criminal records of the Defendant. Therefore, the facts charged in the instant case is related to the said habitual fraud for which the judgment became final and conclusive

Therefore, the above final judgment is also effective in the facts charged in this case, and it constitutes a final judgment and thus, the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.