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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (fact-finding) is recognized in full view of the following: (a) the Defendant recognized the fact that he ordered the drinking in a situation where he did not have any standing but has failed to do so; and (b) the victim provided an opportunity to contact the Defendant and pay the price to his will but failed to pay it; and (c) it is recognized that the Defendant had a criminal intent by deception at the
Nevertheless, the lower court found the Defendant not guilty of the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Determination
A. On June 29, 2014, around 01:30 on June 29, 2014, the Defendant: (a) had no intent or ability to pay food costs within “EM stores located in Suwon-si, Suwon-si; (b) obtained pecuniary benefits by ordering two-kimchi (13,000 won); and (c) not paying a total of KRW 19,000 won.
B. The lower court determined that: (a) the following circumstances acknowledged by the record, i.e., the Defendant smoked tobacco while drinking food and drink at the Eju store or took a toilet several times in order to put the toilet.
In full view of all the circumstances, including the fact that there has been no flight, and E-ju, C testified that “the Defendant testified that the Defendant did not have any cash that he would have followed the drinking value” in the court of original instance, and immediately after the instant case, the Defendant paid the food cost, and the Defendant did not have any record of punishment for the misappropriation for more than one year after the Defendant was sentenced to a suspended sentence on May 15, 2013, the evidence submitted by the prosecutor alone cannot be deemed to have had the criminal intent to commit fraud at the time, and the facts charged in this case are determined to constitute a case where there is no evidence to prove otherwise, and not guilty of the Defendant under the latter part of Article 325 of the Criminal Procedure Act on the ground that there is no evidence to prove it.