A. If the Defendant (Fraud) has a considerable amount of money at the time of ordering alcoholic beverage and alcohol or was capable of paying the amount later, it is merely a non-performance civil obligation even if the Defendant did not pay the amount at the time of ordering alcoholic beverage, etc.

However, the lower court also acknowledged the fact that the Defendant had KRW 1,338,100 as at the time of ordering drinking and drinking alcohol in the entertainment tavern (hereinafter “C”) on September 14, 2018, and that KRW 793,69 was deposited in the Defendant’s account on October 5, 2018. In so doing, it is difficult to view that the Defendant visited the instant main points from the beginning in light of the fact that the sum of the said money exceeds alcohol and opportism at the time, and the Defendant also held considerable assets, such as high-priced broadcasting camera, etc. at the time.

Therefore, although there is a lack of evidence to support the facts charged that the defendant acquired and acquired alcohol and alcohol equivalent to KRW 2,092,00, the judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous in misunderstanding of facts and misunderstanding of

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (i.e., theft) (1) at the victim’s side of the United States of America, one military use-free electricity equivalent to the market value of KRW 6.5 million (hereinafter “instantless electricity”).

In light of the following facts: (a) the Defendant lost it; (b) the Defendant possessed the instant free electricity for three days without any justifiable reason and was discovered to the police of the Republic of Korea and returned the said free electricity; (c) there is no reason for the U.S. military to deliver the high-priced security equipment to the Republic of Korea without undergoing any verification process; and (iv) the Defendant’s distribution of the area surrounding the place where the instant free electricity had existed in the late night-time zone was confirmed; and (c) even if it is sufficiently recognized that the Defendant stolen the instant free electricity, the lower court acquitted the Defendant of this part of the charges.