The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles have the intention and ability to repay at the time of the instant case.

Nevertheless, the lower court found the Defendant guilty of fraud on the ground that the Defendant did not have the intent and ability to repay, or erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. At the time of the instant case, the Defendant was under the influence of alcohol and was in a state of mental disability, and thus, the Defendant’s punishment should be mitigated.

C. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. Determination of misunderstanding of facts and misapprehension of legal principles on fraud

A. The lower court rejected the Defendant’s assertion in the part on the “determination on the Defendant’s and his defense counsel’s assertion” of the judgment, and found the Defendant guilty of the facts charged of the instant crime of fraud by asserting the same as the grounds for appeal in this part.

B. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the lower court, along with the circumstances revealed by the lower court, acknowledged the fact that the Defendant ordered alcohol and helper services without any intent and ability to pay the cost of alcoholic beverages and helper services (hereinafter “ alcoholic beverages”) at the time of the instant case (hereinafter “ alcoholic beverages, etc.”) and obtained property benefits equivalent to KRW 190,000 from the victim in total.

Therefore, we cannot accept this part of the defendant and his defense counsel.

(1) A crime of fraud is established by deceiving a victim to acquire property or property benefits from the victim. As such, the defendant did not have the intent or ability to pay alcoholic beverages at the time of receipt of an order of alcoholic beverages, etc., the defendant was aware of this at the time, and the victim would have known of this at the time.