According to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against a judgment dismissing an application for compensation. Thus, the part rejecting the said application for compensation becomes immediately and conclusive and is excluded from the scope of adjudication of this court

2 The summary of the Reasons for Appeal is that the defendant borrowed money from the victim and received the money from the victim as to each fraud listed in the list of crimes Nos. 1 and 8 (hereinafter referred to as the "list of crimes"), and as to the fraud listed in the list of crimes Nos. 2, the defendant borrowed money from the victim, and as to the fraud listed in the list Nos. 3, 4, 7, and 9, the defendant received the money from the victim. As to the fraud listed in the list Nos. 5 and 6 of the list of crimes, the defendant borrowed money from the victim, but there was no deception as alleged by the victim.

Nevertheless, the judgment of the court below which convicted each of the charges of this case is erroneous in misconception of facts.

3. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court, the Defendant’s assertion of mistake of facts is without merit, since the Defendant could sufficiently recognize the fact of deceiving the victim as stated in each charge and deceiving the victim of each damage amount.

1) The victim has made a concrete and consistent statement about the nature of money paid to the defendant from the investigation stage to the original trial, the contents of the defendant's act of doing the act of doing the act. The circumstances at the time of deception (crime list) where the contents are inconsistent and acceptable by the record, not contrary to the rules of experience.