The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant did not borrow money from the victim for the payment of the construction cost and did not repay it. However, since the execution company of the construction project, which the defendant had been in progress, was unable to repay the above borrowed money to the victim because the defendant was not paid the construction cost due to the failure to pay it by the executor, the defendant was not guilty of deceiving the victim, and there was no intention of defraudation

2. The judgment of the court below also asserted the same as the grounds for appeal in this part, and the court below acknowledged the circumstances as stated in its reasoning based on the evidence duly adopted and investigated by the court below. In full view of these circumstances, the defendant can be recognized as having received money from the victim and received money from the victim, and the defendant's above assertion was rejected.

On the other hand, the circumstances indicated in the judgment of the court below are as follows. ① The defendant merely thought that he would pay the construction cost when he received money from the victim at the time of borrowing, and the defendant did not have the ability to repay the loan in this case with the financial ability or financial resources to smoothly perform the construction work performed at the time of borrowing. ② The defendant changed that the executor of the construction project, who was in progress at the time of borrowing, failed to pay the loan in this case to the victim due to the failure to receive the construction cost from the executor, but the defendant's assertion in addition to the defendant's assertion, there was a claim for the construction cost to be paid from the contractor at the time of borrowing and there was a possibility

There is no objective evidence to recognize the circumstances that a contractor or a contractor has failed to receive the construction cost due to the default of payment, and (3) the defendant.