The part regarding the defendant's case shall be reversed, and the part regarding the compensation order shall be revoked.

Defendant .

A. The lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

1) At the time of the instant case, the Defendant had the intent and ability to complete the new construction of the instant house or to repay borrowed money to C.

2) Since it is unreasonable to issue an order for compensation in the instant criminal procedure, the filing of an application by the applicant for compensation must be dismissed.

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

2. Determination on the part of the case of the defendant

A. According to the evidence duly adopted and examined by the court below, even if the defendant received money from C at the time of the instant case, he can be recognized that C, as stated in the facts of the lower judgment, had the knowledge of the fact that he had the ability to complete the new construction of the instant house or to return money, and that he had the defendant received a total of KRW 58 million from C under the pretext of additional construction cost or loan. Thus, there is no ground for misunderstanding of the facts or misapprehension of the legal principles as to the facts of the prior defendant on different premise (Article 17 of the lower judgment No. 2. 17 of the first instance judgment, "F of the defendant's wife" of the second 18 of the second 2nd 199, "the defendant's wife" of the second 5th 300,000, "the defendant's wife" of the instant case and "the victim's 753,500,000,000 won" of the third 5th 70,500,00.