사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal did not pay the Defendant the amount after the Defendant received alcohol and alcohol in the instant danran bar without a clear intention to repay, and thus, the lower court acquitted the Defendant on the ground that the Defendant had attempted to commit fraud.
2. Determination
A. On March 22, 2014, the Defendant: (a) around 01:50 on March 22, 2014, at “E” operated by the victim D in Seocheon-gu, Seocheon-si C, as if he had no intent to pay the alcohol value; and (b) was provided with alcohol and alcohol equivalent to KRW 65,000, such as 10 disease of beer and Han-si 1.
B. The lower court found the Defendant not guilty on the ground that: (a) the Defendant consistently had the ability to pay the drinking value at the time; (b) the Defendant refused to pay an objection to the attitude of the owner of the drinking house (the purport that the Defendant did not do so even if he did not do so; and (c) according to the Defendant’s bank Postal Card transactions, there was a deposit sufficient to pay the drinking value to the Defendant’s account at the time; and (c) the victim’s statement, receipt, etc., which corresponds to the facts charged, stated to the effect that the Defendant was present as a witness at the court of the lower court and made a statement to the effect that he would not memory anytime at the time; and (d) it is difficult to believe that the Defendant did not pay the said value after being called by the police officer; and (e) it is insufficient to recognize that the Defendant had no intention to pay the said value at the time of receiving the order and the receipt, etc., on the ground that there is insufficient evidence to prove that there was no intention to do so.
C. We examine the judgment of the court below and examine the above judgment closely in accordance with the records and legal principles of this case.