The judgment of the court below is reversed.

The defendant shall be sentenced to a fine of KRW 700,00,00,000,000,000,000.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the facts charged even though the defendant knew that he would drink alcohol on credit to the victim and did not have the intention to acquire it by deception, is erroneous in the misunderstanding of facts.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the records of this case’s reversal ex officio, the Defendant was sentenced to a suspended sentence of six months on October 19, 2016 to imprisonment with prison labor for interference with business affairs at the Seoul Eastern District Court on October 27, 2016 and the judgment became final and conclusive on October 27, 2016 (hereinafter “final judgment 1”), and four months of imprisonment with prison labor for interference with business affairs at the Seoul East Eastern District Court on December 7, 2017, and the Defendant appealed and was sentenced to four months of imprisonment with prison labor for the same court on April 13, 2018, and the judgment became final and conclusive on July 24, 2018 (hereinafter “second final judgment”), and the first final judgment on October 2017, which became final and conclusive on October 27, 2017, and the crime of fraud and the crime of fraud under Article 371 of the Criminal Act cannot be determined at the same time by taking into account the case where a final judgment becomes final and conclusive in accordance with Article 372 of the Criminal Act.

However, even in this case, the defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, and it is judged below.

B. As to the assertion of mistake of facts, the Defendant asserted the same purport in the trial at the court below, and the lower court convicted the Defendant of the charges that the Defendant, based on the evidence duly admitted and investigated, by deceiving the victim and taking into account all the circumstances in the judgment, by deceiving the victim, thereby deceiving him/her a total of KRW 370,00,000.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and acceptable.