The defendant's appeal is dismissed.

1. The summary of the Reasons for Appeal is that the defendant had a balance on the physical card held by the defendant at the time of the instant case, and thus, the defendant did not have an awareness of misappropriation by deceiving the victim.

2. According to the evidence duly adopted and examined by the court below, it is acknowledged that the defendant attempted to be absent from the victim's future restaurant in order to not pay the food value after ordering food and drink at the time of the instant case.

In light of the fact that the Defendant submitted data on detailed statement of financial transactions by asserting that the balance was remaining in the physical card held at the time, but it is difficult to acknowledge that the above data was related to the physical card held by the Defendant at the time. Even if the Defendant’s assertion is true, it is difficult to bring a disturbance, such as the fact that the Defendant was trying to go away from a restaurant in the future, that the Defendant was aware of the victim, and that the police did not pay the food value despite being dispatched, and that the police did not pay the food value, it is sufficiently recognized that the Defendant did not intend to pay the food value, and thus, it does not affect the establishment of the crime of fraud.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.