The defendant shall be innocent.

1. A summary of the facts charged: (a) around 01:30 on June 29, 2014, the Defendant: (b) had no intent or ability to pay the food cost within “EM stores located D in the sphere of Suwon-si in Suwon-si of the operation of C; (c) obtained pecuniary benefits by ordering two-kimchi (13,000 won); (d) having been placed in the order of the two-kimchi (6,000 won); and (e) having not paid the food cost equivalent to KRW 19,000 in total.

2. Comprehensively taking account of the evidence adopted and examined by this court, the fact that the Defendant, at around 01:30 on June 29, 2014, did not pay KRW 19,000 for food and drink even though he did not drink at around 19,00 won, and the fact that the Defendant was punished on a multiple occasions by a random.

However, the following circumstances acknowledged by the records of the instant case, namely, the Defendant: (a) sent tobacco while drinking food and drink at the E-place; or (b) carried out several times to smoke or play toilets.

In full view of all circumstances, including the fact that he did not flee, and the E-State Party C testified in this Court that "the defendant did not have any cash that he did not reverse the drinking value." The defendant immediately after the instant case, immediately paid the food cost, and the defendant did not have any past record of punishment for the misappropriation for more than one year after the suspended sentence was sentenced by this court on May 15, 2013, it is difficult to view that the evidence submitted by the prosecutor alone was the criminal intent of deception at the time, and there is no other evidence to acknowledge it otherwise.

3. The instant facts charged constitute a case where there is no proof of crime, and thus, a judgment of innocence is rendered under the latter part of Article 325 of the Criminal Procedure Act