The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The fact that a mistake of fact is the Secretary General of “D”, which is a C-P candidate support group, and that the employee and members of the C-P candidate are allowed to take meals at the cafeteria operated by the victim and processed the meal costs on credit, and then failed to pay the meal costs at that time. However, this is merely caused by C’s failure to smoothly walk the membership fees of the above group as C resigns from the right office, and the Defendant does not have any intent or ability to pay the meal costs from the beginning.

B. The lower court’s sentence of unreasonable sentencing (the 500,000 won of a fine) is too heavy.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court’s judgment on the assertion of mistake of facts: (a) “D”, a non-profit organization that the Defendant had operated as the Secretary-General, is a C support group, and can be seen as having continued to use a restaurant for the operation of the victim, which is neighboring the Defendant’s office, without notifying the victim of such content properly; (b) as if he/she paid the meal expenses, he/she had started to engage in external sales. However, the Defendant did not confirm that the credit payment from September 20 to October 18, 2012 would amount to KRW 1,983,60 without any contact with the victim, and then transferred the office around October 18, 2012 without any contact with the victim; (c) the Defendant thought that he/she would have paid the meal expenses by not later than October 20, 2012 by finding out the Defendant; but, even if the Defendant’s statement was made by the Defendant, the Defendant’s payment of the food fees was not more than 20.