All appeals by the defendant and the prosecutor are dismissed.

The Defendant was provided credit, etc. by the injured party, as stated in this part of the facts charged, on the basis of the summary of the grounds for appeal (as to the fraud of the drinking value against the injured party C).

The punishment of the court below (the imprisonment of one year and six months and the fine of three million won for each crime as set forth in paragraphs 1 and 3 of the judgment below, and the fine of two million won for each crime as set forth in paragraph 2 of the judgment below) is unfair because it is too uneasible.

The sentence of the lower court (unfair sentencing) is too unreasonable.

Judgment

The following circumstances can be acknowledged according to the evidence duly adopted and examined by the court below regarding the prosecutor's assertion of mistake of facts.

Among the evidence submitted by the prosecutor, there is no individual evidence such as a receipt, etc. proving that the defendant bears the credit alcohol value as stated in the judgment of the court below on each day after the date of crime sight table as stated in the judgment below.

C After filing a complaint against the Defendant, C stated that there was no material about whether the Defendant was subject to the first investigation at the investigative agency and the Defendant was on credit for a specific day (No. 2 of the evidence record No. 17 pages). C would be able to find and submit evidence at the court of original instance.

Although the statement was made (255 pages of the trial record), there is no further evidence submitted.

C stated at the court of the court below that no credit amount was paid by the Defendant (245 pages of the trial record). However, according to the account transaction details (Evidence No. 1) and credit card settlement details (Evidence No. 2) of the Defendant, the Defendant transferred KRW 3 million to the victim on July 5, 2011, which was set forth in the judgment of the court below (283 pages of the trial record), No. 33, Aug. 16, 201, which was later than August 16, 2011, the Defendant transferred KRW 10 million to the victim on August 16, 201 (Evidence No. 284 of the trial record) and the credit card settlement details (Evidence No. 282 of the trial record) on August 2, 2011, the Defendant made a statement on August 2, 201 as the credit card No. 2924 of the trial record (Evidence No. 294 of the trial record). 31-2011.

And the defendant's person.