The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for three years from the date of the final judgment.

1. In light of the fact that the summary of the grounds for appeal is not good, the damage recovery is not performed, etc., the sentence imposed by the court below (one year of imprisonment, two years of suspended execution, two years of probation, and 200 hours of community service) is too uneasible.

2. In the case of an ex officio judgment, the prosecutor applied for amendments to the indictment with the content that added the facts charged as stated in the previous facts charged, and the subject of the judgment was changed by this court.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed under Article 364(2) and (6) of the Criminal Procedure Act without a need to decide on the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Punishment of the crime

On March 28, 2012, the Defendant had been punished by a fine of two million won at the Busan District Court on March 28, 2012.

1. On June 14, 2012, around 19:20 on June 14, 2012, the Defendant ordered 2, 2, 1, 1, 1, and 1,000 drinking water to the victim, as if the victim D would normally pay the price.

However, the defendant did not have any intention or ability to pay the price even if he received food, beverage, etc. from the victim because there is no means of payment such as cash at the time.

The defendant acquired food equivalent to 19,000 won in total from the victim.

2. 피고인은 2012. 5. 17. 18:00경 대구 중구 F에 있는 피해자 G이 운영하는 H 식당에서 피해자에게 마치 음식값을 제대로 지불할 것처럼 찜닭과 소주 1병을 주문하였다.

However, even if the defendant was provided with food, he did not have the intention or ability to pay the price.

As above, the Defendant deceivings the victim, and thereby is KRW 20,000 from the victim.