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(영문) 서울남부지방법원 2020.11.09 2020노1695
사기
Text

The judgment of the court below is reversed.

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00) of the lower court is too unreasonable.

2. Ex officio determination

A. On August 29, 2019, the Defendant: (a) around 08:00, the Defendant was provided with D's D's management of the victim C in Gangseo-gu Seoul Metropolitan Government 2 level; (b) even if he was provided with alcohol and alcohol, he did not have the intent or ability to pay the price; (c) as he would have paid the price, he was ordered with alcohol and alcohol, and received a small amount of KRW 130,000,000,000 in total market value from employees E.

B. According to the records, the Defendant was sentenced to one year of imprisonment with prison labor for habitual fraud on December 18, 2019 in Seoul Southern District Court Decision 2019Da4934, and the above judgment was finalized on May 22, 2020 (Seoul Southern District Court 2020No56) (the Seoul Southern District Court 2020No56). The facts constituting the crime of the above final judgment are as follows: “I, even if he was provided with alcohol or alcohol in the “I” operated by the Victim H on September 24, 2019, if he did not have the intent or ability to pay the price, he would be paid without the intention or ability to pay it, and thus, he would be deemed to have received the above facts constituting the crime in light of the method and capacity of the Defendant’s comprehensive criminal facts under the Criminal Act and the facts charged prior to the above judgment.”

Therefore, the above final judgment is an inclusive crime.

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