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Acquittal of the accused shall be acquitted.
Reasons
1. On November 29, 2016, from around 21:30 to 22:45 on the same day, the Defendant: (a) did not have the ability to pay the price under “C main points located in Suwon-si B; (b) did not have the ability to pay the price; (c) did so as to pay the price to the victim D; and (d) ordered Category 3 C and two kimchi.
As above, the Defendant: (a) by deceiving the victim; and (b) by providing the victim with an alcoholic beverage and the alcoholic beverage equivalent to the market price of KRW 30,000, the Defendant acquired pecuniary benefits.
2. According to the records of this case, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual fraud at the Suwon Frigwon on April 27, 2017, and the judgment became final and conclusive on May 5, 2017. The criminal facts of the above final judgment are as follows: “The Defendant acquired property or property benefits by deceiving victims by habitually receiving an offer of alcoholic beverages worth KRW 176,500,00 in total from the victims, even though the Defendant did not have an intention or ability to pay the price on three occasions on November 25, 2016, December 3, 2016, and December 4, 2016.”
According to the above facts finding, 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.