A. The Defendant alleged a misunderstanding of facts and misapprehension of legal principles as to the attempted fraud and attack against the victim D, who had a 250,000 won in cash, and did not receive food and service equivalent to KRW 83,00 in the cost of money or credit card, from the karaoke room operated by the victim. The Defendant alleged that 1,50,000 won was included in the wall while he was aware that the above wall was lost in a singing practice room, and he did not demand the amount of agreement.

Nevertheless, the judgment of the court below which found the defendant guilty of fraud and attempted fraud is erroneous in the misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment with prison labor for the crimes No. 1 and No. 2 in the original judgment, and six months of imprisonment with prison labor for the crimes No. 3 and No. 4 in the original judgment) is excessively unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts and misapprehension of legal principles revealed the following circumstances: ① The victim D has made a statement from the investigative agency to the court of the court below that it received KRW 1.5 million from the defendant; ② The above singing practice room used in the above singing practice room as follows: “The defendant did not have any words to the defendant from the prison, and reported that he lost the wall to the police by lending the phone,” ③ the police officer who was dispatched at the time was asked to go out of the police officer in order to solve the problem of president and the wall; ④ the defendant received KRW 1.5 million from the service payment on the day of the instant case as credit payment to the P business owner, etc., and had KRW 1.25 million from the date of the instant case, but the defendant did not have been found at the time of the visit, but not only did he found the credit.