The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged against the Defendant, fraud.

Summary of Grounds for Appeal

A. The Defendant, at the time of mistake of facts, only caused V accompanied to the mistake of facts to have paid the drinking value, and did not deceiving the victim F to have paid the drinking value.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value that makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is between the defendant, even if there is no such evidence.

Even if there is no choice but to judge the interests of the defendant.

(See Supreme Court Decision 2014Do3163 Decided June 12, 2014, etc.). The following facts revealed in accordance with the evidence duly adopted and duly examined by the lower court and the lower court, namely, ① the Defendant consistently asserted that “V just went to the effect that he had paid the drinking value, and there was no fact that he would have made the victim pay the drinking value.” ② The Q accompanied at the time was called “V, at the time, said V would go to go to the main place of himself and the Defendant, and said V would not pay the drinking value by changing the attitude of V while drinking at the main place.” ③ Even according to the victim’s statement, the Defendant did not pay the drinking value in light of the legal principles as seen earlier.