A. Fact-misunderstanding Defendant merely received the instant money as part of the price for the 1st floor-building construction executed by the Defendant, and does not receive the remainder of the structural construction from the Defendant to the end of the construction.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below, namely, ① the victim contracted for the entire new construction of the instant house to H and contracted to G for the part of the relevant construction of the instant building, but, in form, entered into a subcontract with H and G with H to enter into an agreement with H to enter into a subcontract for the shipbuilding construction, and paid all the proceeds corresponding to the first floor shipbuilding work that was undertaken at the time of H to H through H; ② Even if the Defendant aided the structural construction of G and did not receive some construction payments from G, the victim, who had no contractual relationship with the Defendant, was required to have the remainder of the construction work even if he paid the construction payment already paid to G in duplicate.

(3) On the other hand, the defendant can sufficiently perform the remaining construction work solely on the part of the victim, or on the other hand, by explaining the circumstance that the defendant used the whole amount of KRW 20 million paid by the injured party for his/her debt repayment, etc. and did not entirely put it into the remaining construction work.

The material is not visible, and (4) The Defendant did not perform the construction work even after receiving KRW 20 million from the victim side by the prosecution, and (3) The Defendant did not perform the construction work on the two-story floor by excluding KRW 20 million out of KRW 35 million, which was promised with the victim.