2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court’s judgment that recognized the Defendant’s criminal intent to obtain deception is justifiable, and there was no error of mistake of facts as pointed out by the Defendant.

(1) At the time of borrowing money from the damaged party, the Defendant had a debt equivalent to KRW 27 million from the lending company.

(2) The defendant is to pay the construction price by receiving the payment from theO.

However, while receiving 15.4 million won from theO around February 9, 2015, other debts have been repaid, the victim's obligations have not been repaid.

Even after the Defendant received money from P, etc., the Defendant repaid other liabilities, and even if balance remains, the Defendant did not repay the victim’s obligations that are relatively small in debt amount.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.