The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the attached list 2.5 times in the daily list of crimes indicated in the judgment of the court below, the Defendant decided to pay the principal oil after the difference, and remitted the amount to the victim on June 30, 2016, and there is no fact of deceiving the victim as stated in this part of the facts charged, thereby deceiving the victim and deceiving the excessive principal oil expenses.

B. At the time of each crime that occurred in a drinking house, the Defendant was under the influence of alcohol, such as “E,” and was in lack of the ability to discern things or make decisions.

(c)

The sentence of the lower court against the illegal defendant in sentencing (the amount of KRW 18 million) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and examined by the lower court as to the assertion of facts, namely, ① the Defendant, even before and after the commission of the crime in question, obtained the gas supply cost in another gas station with the same water method continuously, and ② the Defendant urged the payment of damages on three occasions from June 20, 2016 to June 22, 2016, and paid KRW 30,000,000 to June 30, 2016, the Defendant can sufficiently recognize the fact that he acquired the gas supply cost from the damaged person as stated in this part of the facts charged, and is recognized as the intent of the defrauded.

On June 30, 2016, the circumstance that the Defendant repaid 30,000 won to the victim is either no effect on the establishment of the crime of fraud or is nothing more than the situation after the crime of fraud is established. However, in full view of the background and process of the crime, the method and method of the crime, the behavior of the Defendant before and after the crime, etc., known by the evidence duly adopted and investigated by the lower court with respect to the argument of mental and physical weakness, the Defendant was in a state that he lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime of each of the crimes

shall not be deemed to exist.

The defendant's mental and physical weakness are not accepted.