The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts or misapprehension of the legal doctrine) stated that the defendant was unable to observe the promise with the victim, but it does not constitute deceiving the victim without any intention or ability to change, thereby deceiving the victim to acquire the same money as the facts charged.

2. In light of the evidence duly adopted and examined by the court below, in particular the victim's investigation agency and consistent statements at the court below, it can be sufficiently recognized that the defendant acquired a total of KRW 17.7 million without the intent or ability to repay together with the facts charged. Thus, there is an error of law by misunderstanding facts or by misapprehending the legal principles in the judgment below.

shall not be deemed to exist.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.