A defendant shall be punished by imprisonment for one year.

A. misunderstanding of facts or misunderstanding of legal principles (1) The amount acquired by the Defendant alone in collusion with B in the facts charged in the instant case overlaps.

(2) The amount used by the Defendant for personal purposes during the construction cost is approximately KRW 30 million. (3) The Defendant did not have any intent to deception because the Defendant had the intent to complete the construction work normally and had the ability to do so.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination as to the misapprehension of facts or misapprehension of legal principles

A. According to the account transaction details in the name of K bank account under the name of K, the Defendant may be deemed to have remitted KRW 7,00,000 from October 30, 2012 to the account under the name of K, the mother of the Defendant, to KRW 24,00,00,000, and KRW 24,000 on November 6, 2012. On October 31, 2012, the Defendant acquired KRW 3,50,000 among the above KRW 7,00,000, KRW 3,500,000, and KRW 24,000 on November 7, 2012, KRW 300, KRW 500, KRW 3000, KRW 500, KRW 3000, KRW 500, KRW 3000, KRW 5,000, KRW 300, KRW 500, KRW 3000.

Therefore, this part of the defendant's argument is justified.

B. First of the amount of personal use of the money, according to the statement of deposit transaction in the name of No. B, certificate of deposit transaction performance (I bank account in the name of Korea), and account transaction in the name of K under the name of Korea, the Defendant was the Defendant’s account in the name of K from the account in the name of B in receipt of remittance of construction payment from E.

A sum of KRW 1,110,000,000, from each of the money immediately after transferring money to an account in the I’s name, from October 12, 2012 to October 15, 2012.