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Acquittal of the accused shall be acquitted.
Reasons
1. Around January 26, 2016, the Defendant: (a) around 01:00, at a music club located in Gyeyang-gu Incheon, Incheon, the Defendant was aware that he would pay the amount to the victim D (the age of 48) without any intention or ability to pay the amount; and (b) the Defendant was aware that he would have paid the said amount; (c) and (d) he was provided with a beer 15 C, singinging service, and gambling service equivalent to the market price of 470,000 won and did not pay the amount to the victim; and (d) thereby, the Defendant acquired the pecuniary benefit equivalent to
2. According to the records, the Defendant was sentenced to seven months of imprisonment for habitual fraud, etc. at the Incheon District Court on September 1, 2016 and the judgment became final and conclusive on December 8, 2016. The summary of the crime of habitual fraud in the above final and conclusive judgment is the fact that the Defendant orders the use of an entertainment receptionist and entertainment receptionist, etc., and obtained a total of 3,09,000 won from five victims on about 10 occasions by receiving the order, where he/she seems to have had no intent and ability to pay the price habitually from October 11, 2015 to February 7, 2016.
According to the above facts of recognition, it is reasonable to view that all of the facts charged of habitual fraud for which the above judgment became final and the facts charged of the fraud of this case committed before the judgment was rendered are less likely to have been committed by the Defendant’s realization of the Defendant’s habitive behavior, in light of the background of the crime, the other party to the crime, the means and method of the crime, the contents, and the period of the crime, etc.
I would like to say.
Therefore, the effect of the above final judgment extends to the facts charged in this case, which is the relation of a single comprehensive crime.
3. In conclusion, the facts charged in this case constitute a final and conclusive judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.