All appeals by the prosecutor and the defendant are dismissed.

1. Summary of grounds for appeal;

A. According to the prosecutor’s (i.e., mistake of facts or misapprehension of legal principles) of the facts charged in the instant case, according to various evidence, including the victim’s 112 report details, etc., the court below acquitted the Defendant, even though it is obvious that the Defendant did not have an intent to pay the drinking value at the time. However, the court below erred by misapprehending the legal principles

The sentence sentenced by the court below (one year of imprisonment, and a fine of 300,000 won) is too unfluent and unfair.

B. The sentence that the court below rendered by Defendant (unfair sentencing) is too unreasonable.

2. The lower court, on the grounds indicated in its reasoning, acquitted the Defendant on the charge of fraud among the facts charged in the instant case, on the ground that there was no proof of crime, based on which the lower court rendered a judgment as to the Prosecutor’s misunderstanding

Even after closely examining the records of this case, the lower court’s aforementioned judgment does not seem to have erred by misapprehending the legal principles as alleged by the prosecutor.

Therefore, we cannot accept the prosecutor's assertion of mistake of facts or misapprehension of legal principles.

3. There are no new circumstances or special changes in circumstances that can be reflected in sentencing after the decision of the lower court on the unfair argument of sentencing is rendered.

Each of the crimes of this case was committed on March 12, 2018 during the trial of the court of first instance after being sentenced to a fine in the first instance, and was arrested as a current offender, and then again committed the crime on March 28, 2018 at least two weeks after being released. In most cases, the defendant has the record of criminal punishment near 20 times, and most of them have been punished several times, and the same crime was committed several times during the same repeated crime period of the same kind of crime, and the crime was committed again on March 28, 2018.