The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 6,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. It is true that the defendant did not pay the victim the alcohol and know-how stated in the facts constituting the crime of the court below.

① However, the Defendant paid the price of 750,000 won in the instant singing room at around 15:0 on the day of the instant case with friendship E, and thus, the Defendant had no intent or ability to pay the price even if he/she ordered the payment, and even if he/she ordered it, he/she did not have the intent to commit fraud at the time of deception. ② Even if the Defendant had the intent to commit the crime of deception, the Defendant had no capacity to pay the Defendant at the time of providing the victim with additional liquors, and even if he/she had the intent to commit the crime of deception, the Defendant’s act of deception and the victim’s act of disposal may constitute an impossible attempted crime due to the absence of causation, but the lower court erred by misapprehending the legal doctrine

B. The Defendant was in a state of mental disorder or mental disability due to alcohol dependence.

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

2. Determination

A. In the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the Defendant did not have any income, such as maintaining his livelihood at the time, and ② the Defendant, at 6:00 a.m. on the day of the instant case, attempted to pay by using his body cards upon the victim F’s intermediate settlement request after entering the instant singing room and taking an alcoholic beverage in an amount of 7.50,000 won, and ③ However, when the Defendant became aware of the fact that he did not have the ability to pay due to the fact that he did not remaining 10,000 won in cash and account balance, he requested the Defendant to pay by sending a phone to his her son who had drinking alcohol on several occasions, and the Defendant continued to avoid the Defendant’s telephone.