A. As to the instant case No. 2016 high group 279, the Defendant received construction cost from the victim AI and completed approximately 70% of the construction cost.

However, as the AV church's roof Improvement Work Contract has been revoked, the financial standing has deteriorated, the defendant was not paid the construction cost at another site, and the roof construction has not been completed due to the failure to receive the down payment from the injured party.

In other words, the defendant did not deceiving the victim as well as by deceiving the construction cost.

2) Of the instant case No. 2016 Highest 419, the Defendant used the victim AD’s money to cover material costs, personnel expenses, etc., and performed the roof construction of the victim’s operating store.

However, as the price of raw materials was so wide as at the time, and the roof improvement construction contract for the AV church located in the Chungcheongnam-gun, the financial situation has deteriorated.

In addition, the defendant was not paid the construction cost in another field, and the roof construction was not completed because he was unable to receive the down payment from the injured person properly.

In other words, the defendant did not deceiving the victim as well as by deceiving the construction cost.

B. The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The following circumstances revealed through evidence duly adopted and investigated by the lower court and the first instance court regarding the instant case No. 279, supra: (i) the Defendant entered into a roof improvement construction contract with the victim AI and received KRW 8.2 million for the total construction cost, and paid the down payment from the victim, around April 11, 2016; (ii) the Defendant requested the victim to pay KRW 5 million for the materials cost while carrying out the instant roof construction work around July 8, 2016; and (iii) the victim transferred KRW 5 million to the Defendant.