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Acquittal of the accused shall be acquitted.
Reasons
1. Around 03:00 on March 10, 2010, the Defendant, at the main point of “D” operated by the victim C in Mapo-gu Seoul Mapo-gu, was engaged in the act as if he did not have an intent or ability to pay the drinking value as a credit bad person and was paid a normal drinking value. The Defendant was issued from the victim the amount of KRW 300,000 at the market price, i.e., e., the 300,000,000.
Accordingly, the defendant was given property by deceiving the victim.
2. Determination:
A. According to the evidence duly admitted by this court as to the facts charged, the Defendant was sentenced to eight months of imprisonment for habitual fraud, etc. at the Seoul Southern District Court on February 27, 2013, and the said judgment (Seoul Southern District Court 2012Ra4063) became final and conclusive on June 13, 2013. The facts of habitual fraud in the above final and conclusive judgment are as follows: “The Defendant was provided with alcohol, alcohol, etc. at the main point five times from June 1, 2012 to October 28, 2012”.
According to the above facts and facts charged of this case committed before the pronouncement of the judgment, since all of the facts charged of this case, based on the means and methods of crime, the period of crime and the criminal records of the defendant, etc., are established by the realization of the defendant's fraudulent habits. Thus, the facts charged of this case committed by habitual fraud for which the above judgment became final and conclusive, and the facts charged of this case
Therefore, the effect of the above final judgment also extends to the facts charged in this case.
B. The summary of the prosecutor’s assertion 1 is that the defendant was sentenced to a fine of KRW 500,000 as a crime of fraud on October 14, 2010, prior to the final judgment of the above habitual fraud, the Gwangju District Court 2010 High Court 201Da1885, and the same judgment becomes final and conclusive. The criminal facts of the crime are the defendant’s intent or ability to pay the alcohol value even if the defendant drinks the victim G at the Fju located in Gwangju Northern-gu E around May 4, 2010, around 03:30.