The defendant's appeal is dismissed.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the fact that there was no money from the victims listed in the annexed list of crimes (1) Nos. 3, 4, 5, 6, 11 of the annexed list of crimes against misunderstanding of facts, or that only some of the money was paid, but the court below found the victims guilty of all the amount of damage stated in the annexed

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, it can be acknowledged that the court below obtained some of the money and acquired the pecuniary benefits equivalent to the remaining money and acquired it through deception by deceiving the victims as stated in the attached list of crimes (1) Nos. 3, 4, 5, 6, 11.

Meanwhile, in comparison with the facts charged of the fraud of property and the facts charged of the fraud, since there is no difference in the basic facts that the victim by deceiving the victims with the same amount, the form of deception, and the content of the damage are the same in substance, it shall not be deemed that the defendant has been exceeded the identity of the facts charged. The facts charged that the defendant has allowed the victims to borrow an amount equivalent to the amount of damage by deceiving the victims, and it shall not be deemed that there is any disadvantage to the defendant's exercise of his right of defense (see, e.g., Supreme Court Decisions 84Do312, Sept. 25, 1984; 2003Do7828, Apr. 9, 2004). It is reasonable to view that this part of the facts charged can be recognized as a crime of fraud of acquiring profits by considering the facts charged of acquiring property for money not received by the defendant as the facts charged of acquiring profits.

Therefore, the defendant's assertion of mistake is without merit.

However, among the facts constituting the crime in the judgment below, "the victim may borrow money borrowed from the victim" under the second 12 main text of the judgment below.