Acquittal of the accused shall be acquitted.

The summary of the facts charged of this case is as follows: “Around 00:10 on February 26, 2014, the Defendant was provided with an alcoholic beverage amounting to KRW 130,000 in total from the victim D while there was no intention or means to calculate the drinking value in the entertainment tavern C located in the Dong-gu Busan Metropolitan City, Dong-gu, Busan.”

However, according to the evidence duly adopted and examined by this Court, the fact that the defendant was sentenced to eight months of imprisonment for habitual fraud in this court on July 3, 2014 and the judgment became final and conclusive, and the above final and conclusive judgment can be recognized that the defendant acquired food without intention or ability to pay the price habitually.

According to this, the facts charged in this case, which became final and conclusive and committed prior to the pronouncement of the judgment, shall be deemed to have been reduced by the realization of the defendant's fraudulent habits, in light of the means and methods of the crime, the period of the crime, and the criminal records of the defendant. Thus, the facts charged in this case prior to the pronouncement of the judgment and the facts charged in this case, which are crimes under the substantive law, are all the crimes of habitual fraud.

Therefore, the above final and conclusive judgment shall also affect the facts charged in this case, and eventually, the facts charged in this case constitute the time the final and conclusive judgment is rendered, and the defendant is acquitted pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act