The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. As to the fraud among the facts charged in this case of mistake of facts, in full view of the evidence submitted by the prosecutor, it can be recognized that the defendant did not have the intent or ability to pay the price at the time of ordering alcohol and safeness. Thus, the judgment of the court below that acquitted the defendant on this part of the facts charged is erroneous by

B. The sentence imposed by the lower court (four months of imprisonment) is too unhued and unreasonable.

2. Determination

A. The lower court found the Defendant not guilty under the latter part of Article 325 of the Criminal Procedure Act on the ground that the evidence submitted by the prosecutor alone cannot be deemed as having proved without reasonable doubt that the Defendant had criminal intent to obtain deception, on the ground that the crime of deception was not proven, on the ground that the facts charged in the instant case fall under a case where there was no proof of criminal facts, and thus, the Defendant did not constitute a case where there was no proof of criminal facts.

According to the following circumstances, which can be recognized by the data submitted in the instant trial proceedings, i.e., victim C and witness M, each investigative agency, it appears that the victim had already expressed his/her intent to not pay alcohol and alcohol to the defendant before the police was dispatched. However, even if the police refused the payment of alcohol and alcohol after the dispatch of the police, the intention of defraudation to the defendant at the time of the order of alcohol and alcohol.