A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

A. In relation to a mistake of mistake of facts, the Defendant tried to pay the drinking value on the same day’s card, and the card was temporarily suspended from use, and thus, the Defendant was merely unable to pay the price, and immediately after that, the Defendant called the wife to substitute the drinking value to the wife, and the wife conversationsd with the victim.

Therefore, it can not be said that there was a criminal intent to obtain fraud from the defendant.

B. The sentence of an unreasonable sentencing (one million won of a fine) by the lower court is too heavy.

2. Determination

A. The summary of fraud among the facts charged in the instant case and the judgment of the court below 1) The gist of fraud among the facts charged in the instant case is as follows: “The Defendant convicted the Defendant on the grounds of the Defendant’s legal statement, written statement prepared by D during the police investigation process, and a simplified receipt (payment) on December 25, 2013, on the grounds that “The Defendant did not have any intent or ability to pay the price,” and that “C entertainment tavern” located in Eunpyeong-gu Seoul around December 22:0, 2013 at “C entertainment tavern” located in Eunpyeong-gu, Seoul, including a singing-gu fee, a shower 13 illness, and a day-to-day publication, and did not pay the price.”

B. The intent of the crime of defraudation, which is a subjective constituent element of the crime 1 fraud, is to be determined by comprehensively taking account of the objective circumstances such as the Defendant’s financial history before and after the crime, the environment, the content of the crime, and the process of transaction, unless the Defendant

On the other hand, the subjective element of the constituent element of a crime refers to the case where the possibility of occurrence of a crime is uncertain and it is acceptable as it is stated. In order to have dolusent intent, there is not only awareness of the possibility of occurrence of a crime, but also an internal deliberation intent to allow the risk of occurrence of a crime. Whether the actor is aware of the possibility of occurrence of a crime.