The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (as to paragraphs (b) and 2-A and (b) of this part of the facts charged, the amount indicated in each of the facts charged is only that D received from the victim G regardless of the Defendant, and the Defendant did not make a statement identical to or receive money from the victim as stated in each of the facts charged.

B. Sentencing 1 Deliberation Punishment (two years and six months of imprisonment) is too unreasonable.

2. Determination:

A. In full view of the following circumstances that can be acknowledged by each evidence duly adopted and investigated by the first instance court on the assertion of misunderstanding of facts, the fact that the Defendant, alone or jointly with D, talked with the victim as stated in each of the facts charged and obtained the money from the victim and acquired the money by fraud is sufficiently recognized.

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

(1) At the court of first instance, the victim made specific and clear statements on the circumstances, process, and at the time of delivery of each of the money to the defendant or D, as follows:

The above statements of the victim are consistent not only with the statements in the investigation agency of this case, but also with each of the statements in the investigation agency and the court in the case of fraud against D.

㈎ 피해자는 공소사실 제 1의 나 항과 관련해서는 ‘ 피고인과 D이 함께 탈북자인 H 명의로 F 식당을 운영하였는데, 피고인이 피해자에게 공사대금 명목으로 돈을 빌려 달라고 하여 이를 믿고 피고인에게 수회에 걸쳐 합계 5,543만 원을 빌려 주었다, 이는 모두 피고인이 빌려 달라고 해서 빌려준 금원이다’ 라는 취지로 진술하였다.

㈏ 피해자는 공소사실 제 2의 가항과 관련해서는 ‘ 당시 공소사실 기재와 같은 이야기를 피고인과 D 중 누가 했는지 정확히 기억이 안 나는데 같이 있을 때 항상 그런 이야기를 했다,...