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(영문) 서울서부지방법원 2016.12.21 2016고단1696
경범죄처벌법위반
Text

Acquittal of the accused shall be acquitted.

Reasons

1. On February 20, 2012, the Defendant: (a) exercised as if he did not have the intent and ability to pay the price, and subsequently acquired the price from the victim with Quakeria, Quama ryth, Kas 7 remaining, and Kasks 2,00c.

2. On July 4, 2012, the Defendant was sentenced to imprisonment with prison labor for six months in Seoul Western District Court Decision 2012Dahap1555, and the judgment became final and conclusive on July 12, 2012. According to the above final judgment, according to the Defendant’s written judgment, at the Seoul Eastern District Court on February 17, 2012, the Defendant was sentenced to a fine of KRW 500,00,000 as a fraud; and on April 30, 2012, the Seoul Western District Court imposed a fine of KRW 500,000 as a penalty for fraud on April 30, 2012, and was sentenced to a summary order of KRW 50,00,00 as a penalty for fraud at the Seoul Western District Court on April 3

Thus, in light of the crime of the above final judgment and the method of the crime and the criminal facts of this case committed before the pronouncement of the fact-finding judgment, it is recognized that all of the facts charged of this case were lower by the realization of the defendant's fraudulent habits, and thus, the facts charged of this case before the pronouncement of the final judgment and the facts charged of this case are the comprehensive crimes of habitual fraud, and the effect of the final judgment of this case extends to the facts charged of this case which are related to the comprehensive crimes of this case.

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

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