A. The judgment of the court below which found the defendant guilty of each of the facts charged in this case even though the defendant did not have intention to defraud the mistake of facts, is erroneous and adversely affected.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service order) is too unreasonable.

2. Determination

A. 1) The lower court rejected the Defendant’s assertion of fraud against the victim B on the grounds that the following circumstances acknowledged by the evidence duly adopted and investigated. ① The Defendant, despite the completion of the construction work at MM site G and N construction site, was paid the construction cost from the owner, did not pay the materials to the victim B. ② The Defendant used the said construction cost received from the owner for personal purposes, such as living cost and physical card use cost. ③ The Defendant waived the E construction site (ownerD) on the grounds of health, home incombustibleation, etc. ④ The Defendant asserted that there was money to be received more than KRW 20 million from H, but H did not lawfully pay KRW 3 million out of the remainder that was not completed as a witness at the court, and the Defendant stated to the effect that the Defendant was not paid for the remainder of the construction work, and that there was no reasonable reason to deem that the payment was made out of the total amount of KRW 16,160,000,000,000 for 16,2014.

(1) The price for the goods used at a construction site shall be paid from the project owner.