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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On September 23, 2018, the Defendant: (a) around 02:10 on September 23, 2018, the Defendant, despite having no intent or ability to pay the amount at “D' stores” operated by the victim C (the age of 38) located in Echeon-si B, did not pay the amount to the employees as if they would normally pay the amount; and (b) on the other hand, the Defendant did not pay the amount despite having received orders from the employees by ordering the employees of the amount equivalent to KRW 300,00,0
Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.
2. Determination
A. Whether a crime of fraud is established shall be determined at the time of the act, and it shall not be punished as a crime of fraud on the ground that the defendant's failure to perform his/her duty may not be caused due to changes in economic conditions after the act
(See Supreme Court Decision 2008Do5618 Decided September 25, 2008, etc.). B.
In light of the following circumstances acknowledged through the records, it is difficult to recognize that the evidence submitted by the prosecutor alone did not have the intent or ability to pay the price to the defendant, and there is no other evidence to acknowledge it.
1) The defendant asserts that he/she has an intention or ability to pay the price, only because he/she did not pay the price by unduly excessive claim.
② The victim stated in this court that “the Defendant was a guest with two to three occasions in the business place, and did not have any intention or ability to pay the drinking value from the beginning. However, the Defendant appears to have not paid the drinking value as the result of the occurrence of a higher amount than the expenses he thought, while the drinking was done,” and made a statement consistent with the Defendant’s assertion.
③ In the process of police investigation, the Defendant asserted that he was able to pay the price via E, which was under the educational system at the time. On October 17, 2018 immediately after the instant case, the Defendant paid KRW 300,000 to the victim.
(4) A defendant;