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(영문) 서울북부지방법원 2020.09.23 2020고단3141
사기
Text

The prosecution of this case is dismissed.

Reasons

1. The Defendant, on September 4, 2019, was sentenced to two years of suspended sentence for the crime of interference with business at the Seoul Northern District Court, which became final and conclusive on September 12, 2019, and is currently under suspended sentence.

On May 8, 2020, at around 00:14, the Defendant was provided with D'D' restaurant managed by the victim C in Jung-gu Seoul Metropolitan Government, and the fact was committed as if the Defendant did not have the intent or ability to pay the price even if having ordered food and alcohol, and it was done as if he would normally pay the price, and it was provided with 4:00 matha and matha in total equivalent to the market price of 29,000.

2. According to the records, the Defendant had already died on June 26, 2020, before the instant public prosecution was instituted.

Therefore, the indictment of this case constitutes an indictment against the deceased and its procedure becomes null and void in violation of the law, and thus, the prosecution of this case is dismissed pursuant to Article 327 subparagraph 2 of the Criminal Procedure Act.

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