The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The judgment of the court below shows the appearance that the defendant recognized the crime of this case, and the victim D does not want the punishment of the defendant by repaying the damage to the victim D at the court below.

However, although the crime of this case does not have the intention or ability of the defendant to pay the drinking value, it is not good that the crime of this case was committed by deceiving the person who requested the payment of the price through three times in a restaurant, and by deceiving the person who ordered the payment of the price through three times.

The Defendant had been sentenced to 36 times of punishment, such as 13 times of criminal punishment due to such an act of fraud, and was in the period of repeated crime as at the time of the instant crime.

In full view of the above circumstances and other circumstances, such as the defendant's age, sexual conduct, environment, family relationship, motive, background, means and consequence of the crime, and circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be unfair because the defendant's punishment is too excessive.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.