The defendant's appeal is dismissed.

1. Sentencing sentencing on the gist of the grounds for appeal (the punishment of the court below shall be six months, and the suspended sentence shall be two years);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The court below held that the defendant's payment of the subcontract price can be made in direct payment of the victim's subscription money from the owner.

In light of the fact that the victim acquired property benefits by causing the victim to commit a crime and not paying the construction cost, the issue is not less than that of the owner. In fact, even though the owner received a 60 million won or less from the owner of the building, most of the money was used for other purposes, such as auction investment, and the victim was not paid a approximately KRW 10 million, so there is no possibility of criticism, and the defendant has already been punished six times or more due to fraud, and the above criminal records are subject to suspension of the execution of the entire imprisonment, and the details of punishment for fraud of the law as seen in the above case are also included, and there is an attitude that the defendant committed a crime and reflects in depth. In light of the fact that the construction was suspended due to the circumstances of the owner of the building without receiving full payment of the money from the owner of the building, and some of the money was not yet paid to the owner of the building, and that it was difficult for the defendant to receive the money from the owner of the land to return it to the owner.