The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The decision of the court below (one year and six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to the indictment of habitual fraud among the facts charged in the instant case at the time of the trial, and the subject of the judgment by this court was changed by permitting it. Thus, the judgment of the court below is no longer maintained.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows: (a) around 03:00 on December 4, 2012, the summary of the facts charged in the judgment of the court below showed the attitude that the injured party BA would normally pay the drinking value, etc. at the point of “B” operated by the injured party BA in Seo-gu Daejeon, Daejeon at around 0:0 on December 4, 2012; and (b) was provided with beer and beer in an amount equivalent to KRW 83,00 on an order of drinking and beer, such as beer and beer in an alcoholic beverage, 12 diseases, Maan City, Maan City, 1 Sin-si, and Mail City, etc.; and (c) the summary of the evidence added “each police protocol of 1. BA” to the summary of the evidence, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 351, 347(1) (including habitual fraud and comprehensive) of the Criminal Act, Article 350(1) (a) of the Criminal Act, Article 329 of the Criminal Act, Article 70(1)3 (a) of the Specialized Credit Finance Business Act, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the defendant for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the case.