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Acquittal of the accused shall be acquitted.
Reasons
1. The Defendant, in the facts charged, worked as an engineer from around 2004 to C operated by the victim B, who is engaged in the business of leasing scambling machines.
On January 1, 2014, the defendant sent KRW 300,000 to the victim on the phone, "The Si Corporation has a good place in the Busan Industrial Complex, and it is Samsung Construction, which is the president's work, and it is necessary to send KRW 300,000 to the victim as entertainment expenses for Samsung Construction Employees.
“False speech was made to the effect that it was “.”
However, the defendant was thought to use money as entertainment expenses without the intention or ability to put the scood machine into the construction site.
As above, on January 22, 2014, the Defendant had received KRW 862,00,000 from the victim, by deceiving the victim and receiving KRW 300,00 from the victim’s account of the Defendant Agricultural Cooperative on KRW 22,00,000, in total, four times as follows.
2. On October 16, 2015, the Defendant was sentenced to 8 months imprisonment with prison labor due to habitual fraud, etc. in the branch court of the Daegu District Court, and was sentenced to dismissal of appeal by the Daegu District Court on December 30, 2015, and the above judgment on December 31, 2015 became final and conclusive.
The criminal facts of the judgment above are that the defendant habitually attempted to obtain money from the victims from April 3, 2013 to July 27, 2015.
The facts charged in the instant case are established prior to the pronouncement of the judgment of facts that became final and conclusive prior to the pronouncement of the judgment of facts, and are related to the facts charged in the instant judgment.
Ultimately, the facts charged in this case constitute a final judgment, and thus, a judgment of acquittal is rendered pursuant to Article 326 subparagraph 1 of the Criminal Procedure Act.