All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. On November 4, 2012, when considering the fact-finding facts, the prosecutor (1) committed a disturbance at the victim G-operation restaurant on November 18:30, 2012, and led him to the outside of the restaurant by the police officer, but the police officer was not arrested, so if he had the intent and ability to pay the food cost, the food cost could have been paid for a long time, but such circumstances were not found, and the defendant had six criminal records of the same kind, and interfered with the business of the above restaurant and its neighboring restaurant and its neighboring restaurant, Smarket, etc. for a long time, it is sufficiently recognized that the defendant had no intent and ability to pay the food cost at that time.

Nevertheless, the court below erred in finding the Defendant not guilty of the fraud among the facts charged in the instant case by taking a change of the defendant without credibility that the Defendant discovered on the part of the police station that the wall was destroyed.

(2) The sentence of the judgment of the court below on unreasonable sentencing (ten months of imprisonment) is too uneasible and unfair.

B. Defendant (1) was in a mental and physical state under the influence of alcohol at the time of each of the instant crimes.

(2) The judgment of the court below on unreasonable sentencing is too unreasonable.

2. Determination on the grounds for appeal

A. (1) On November 4, 2012, around 18:30 on the part of the instant fraud part, the Defendant ordered the victim G cafeteria operated in Yeongdeungpo-gu Seoul Metropolitan Government “H cafeteria” but did not have any intent or ability to pay the price, and the Defendant was provided with the victim with the sum of KRW 11,000 and the amount of 11,00,000, and acquired pecuniary benefits equivalent to the said amount.

(2) According to the records, the Defendant did not call out of the restaurant by the police officer called out while avoiding the disturbance at the above restaurant, and the police officer did not call out that he would pay food to the Defendant, and at the time G presented the Defendant at the restaurant.