The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for up to eight months and a fine of up to 300,000 won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. In fact-finding (limited to fraud) the Defendant was holding a credit card at the main point at the time of ordering both the two weeks and the Ansan, but the said card was later known that it was stolen and could not be settled, and it did not have the intent and ability to pay the ex-post value from the beginning.

B. The Defendant, at the time of committing each crime as stated in the facts charged, was suffering from the depression of the Chon-sup and had weak ability to discern things or make decisions under the influence of alcohol.

(c) Sentencing (in original sentence: Imprisonment with prison labor for 8 months and a fine of 300,000 won, order to complete a program, 40 hours and 3 years restricted on employment);

2. Determination

A. The summary of this part of the facts charged regarding the assertion of mistake of facts is as follows: “The Defendant, at around 01:00 on March 6, 2020, induced the victim as if he did not have the intent or ability to pay the alcohol value, and thereby, by deceiving the victim as if he did not pay the alcohol value, and by deceiving the victim, he was provided with two-ways of two-ways of five hundred five hundred five thousand won at the market price.”

According to the records, the defendant entered the drinking house operated by the victim and placed the credit card in the name of the defendant on the table of the facts charged, and ordered the liquor, etc. on the table. The victim received the above credit card from the defendant for prepaid settlement but failed to pay it with the wind emitted from the theft card. The victim notified the defendant of the account number, and it seems that the defendant was unable to transfer the drinking value as he was arrested and detained by the dispatched police officer, and the defendant did not transfer the drinking value. The defendant paid 250,000 won from another drinking house with the above credit card from the victim's drinking house to the above credit card from the victim's drinking house to the victim's drinking house at around two hours before visiting the victim's drinking house. The defendant's punishment obtained the above settlement approval and reported the loss of the card and reported the loss of the card from the victim's drinking house.