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(영문) 창원지방법원 마산지원 2014.12.19 2014고정676
사기
Text

Acquittal of the accused shall be acquitted.

Reasons

1. Around March 7, 2014, the Defendant: (a) around 23:00 on March 7, 2014, issued an order with the victim C’s D restaurant operated in Changwon-si, Yongsan-si; (b) as if he did not have the intent or ability to pay the alcohol value, he/she received alcohol equivalent to the sum of KRW 35,50 from the victim as he/she would have paid the alcohol value.

2. According to the evidence duly admitted by this court, the defendant was sentenced to six months of imprisonment with prison labor for habitual fraud at the Changwon District Court on May 2, 2014 and the judgment became final and conclusive on July 11, 2014. The crime of the above final and conclusive judgment is that the defendant was provided with dubal, etc. without the intention or ability to pay the price at the main point habitually.

According to the above facts, the facts charged in this case committed prior to the pronouncement of the above judgment and the facts charged in this case committed prior to the pronouncement of the judgment are established by the realization of the defendant's fraudulent habits in light of the means and methods of crime, the period of crime and the criminal records of the defendant. Thus, the facts charged in this case prior to the pronouncement of the judgment is related to the crime of habitual fraud for which

Therefore, since the above final judgment is not effective in the facts charged in this case, the facts charged in this case fall under the time the final judgment is made, and the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.

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