The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Of the list of crimes committed by mistake of fact-finding, the victims C already received or did not pay the fraternity payment in the case of the victims C, among the list of crimes committed D, I, C, and the list of crimes committed (2). Therefore, the amount of the victims’ damage must be calculated by deducting the fraternity payment to be paid to the victims or to the Defendant.

Since the victim L was admitted to only one unit, not two old units, in the list of crimes (2), the amount of damage was calculated erroneously.

However, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. 1) In a crime of fraud involving deception of money received, if there is a delivery of money due to deception, the victim's property infringement is established, and even if there is no considerable price or damage to the whole property of the victim, even though it does not affect the establishment of the crime of fraud, it shall not affect the establishment of the crime of fraud (see Supreme Court Decision 2006Do7470, Jan. 25, 2007, etc.). However, even in the case of partial payment of the money, it shall be the whole of the money received, not the difference between the amount received from the damaged person and the amount received (see Supreme Court Decision 2006Do7470, Jan. 25, 2007, etc.). According to the evidence duly adopted and investigated by the court below, the damage amount of this case shall be calculated on the basis of the amount paid by the victims already paid, and it shall be sufficiently recognized that the defendant acquired the amount corresponding to the amount of damage under the pretext of the payment

In full view of the above recognized facts and the legal principles as seen earlier, insofar as the Defendant received money from the victims with the intent of defraudation, and thereby, commits fraud, the Defendant may also be punished.