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Defendant
The appeal by the prosecutor is dismissed.
Reasons
The decision of the court below that recognized the crime of fraud is not acceptable, since the defendant was able to pay the drinking value with cash and credit card at the time of mistake of the fact that the defendant was guilty, and there was an intention to pay it.
According to the following facts and circumstances, the court below's judgment that found the defendant guilty of fraud is just, and the defendant's assertion of mistake of facts is without merit. The defendant's assertion of mistake of facts is without merit.
At the time, the defendant was arrested by a police officer who did not pay the drinking value on the wind and had sufficient cash and credit cards.
The argument is asserted.
In fact, at the time of the defendant's cash that exceeds the drinking value of 200,000 won (at the time of the day);
246,600 won is deemed to have existed.
However, before the police officer's arrival, the defendant did not answer and complete the payment even if the victim requested the payment of the drinking value, and he would pay it even if the police officer recommended the payment of the drinking value.
The drinking value has not been paid only after the end of the statement.
On November 23, 2016, when being investigated by the police, it is required to affix a seal to pay the drinking value.
The answer, however, did not pay the drinking value continuously, and only after June 8, 2017, which was pending in the judgment of the court below, paid the drinking value and agreed with the victim.
In light of this, it is difficult to believe that the defendant's statement that the defendant was forgotten to pay the drinking value simply by the dispatch of police officers, etc. is difficult, and the defendant did not have an intention to pay the drinking value properly from the beginning.
It is reasonable to view it.
The judgment of the court below on each of the unfair arguments for sentencing shall be taken into consideration in favor of the fact that there was a history of punishment several times as a single crime, and in favor of the victim.