The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On April 1, 2015, the Defendant was not a person who was aware of the fact at a restaurant operated by the victim C.

The defendant had the intent and ability to pay the price by communicating the wife in order to pay food and alcoholic beverages.

Nevertheless, the judgment of the court below which found the Defendant guilty of fraud on April 1, 2015 among the facts charged in the instant case was erroneous in the misapprehension of facts.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to five million won) is too unreasonable.

2. Determination

A. On April 1, 2015, the lower court: (a) stated the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts; (b) the victim C, at the time of April 1, 2015, said that the Defendant, a victim C, who demanded the settlement of food and alcoholic beverage prices, had the victim C openly bleeped a trial fee and expressed a desire to restaurant customers, and “price

The statement (No. 3, No. 11 of the evidence record), 2 The defendant did not think that the victim C would pay the amount of food and liquor at the stage of the police and the prosecutor's investigation, and April 1, 2015.

In light of the fact that the Defendant did not have any intention or ability to pay the amount of food and alcoholic beverages to the victim C at the time of April 1, 2015, the Defendant asserted that the Defendant contacted the wife for the settlement of the amount of food and alcoholic beverages at the time, and that the wife was a clerical error. However, the Defendant’s wife did not find it in the restaurant (No. 3 book No. 1, book No. 64).

may be seen.

Therefore, the defendant's assertion of facts is without merit.

B. In the investigation stage, the Defendant: (a) paid KRW 130,00 to the victim C and agreed; (b) the victim C expressed his/her intent not to have the Defendant punished; and (c) sentenced the Defendant to the punishment of the instant crime and the instant crime on November 25, 2016.