The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. misunderstanding of facts or misunderstanding of legal principles 1) Since the Defendant had an intention or ability to pay liquor and food costs, there was no intention to commit fraud against the Defendant. 2) Other persons, other than the Defendant, who committed the crime of destroying and damaging property, have broken down by walking waste.

B. Determination of the sentencing division (the first instance court: 2 years of imprisonment)

A. 1) Determination of the assertion of misunderstanding of facts or misapprehension of legal principles on the part of fraud should be made by comprehensively taking into account the objective circumstances such as the defendant's financial history before and after the crime, environment, contents of the crime, process of transaction, relationship with the victim, etc. insofar as the defendant does not make a confession (see, e.g., Supreme Court Decisions 2004Do74, May 14, 2004; 2006Do8418, Apr. 27, 2007).

B. Determination of each of the instant fraud crimes is relatively small amount of damage, and the degree of damage to property is minor is favorable to the Defendant.

(b).