The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The Defendant had the intent and ability to construct the instant house normally at the time when the Defendant was awarded a contract from the victim for the new construction of the electric source house on the AG ground of Gyeongcheon-gun, Gyeongcheon-gun (hereinafter “instant construction”).

Therefore, the defendant cannot be viewed as deceiving the victim, and the act of delivery of money by the victim is not caused by mistake by the defendant's deception.

The reason why the construction of this case was not completed is that there was a conflict between the defendant and the victim during the process of interfering with the private case case in the construction of this case by the victim's father F, and that the defendant could not proceed with the construction because the victim would not pay personnel expenses from time to time.

Therefore, the construction of this case is not completed due to the civil default doctrine, or it is not a matter of fraud under the Criminal Code.

Nevertheless, the judgment of the court below convicting the facts charged of this case is erroneous in misconception of facts.

B. Even if the facts charged in the instant case of unfair sentencing are found guilty, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. The facts charged in this case and the judgment of the court below

A. On March 27, 2011, the Defendant stated in the instant facts charged that “A victim E who intends to build a house of electric source at a D restaurant located in Gohap-gun, Chungcheongnam-gun, Gohap-gun, that “A victim E is a construction work day in the U.S. military, has been engaged in work in Jung-dong, and is in a usual room.” On the face of 130 million won, the Defendant made a false statement to the effect that “A victim E will take the house of fishing ground, tec (facilities connected to the building), the garden (facilities connected to the building), the garden, and the fence every 45 days.”

The Defendant entered into a contract for the construction of electric power units with the victim with the construction cost of KRW 1.3 million, and transferred the amount of KRW 30 million from the victim as the name of commencement of construction works and purchase of materials, including KRW 50 million around April 7, 201, and KRW 20 million from April 18, 2011.

However, the defendant's blood pressure, however, is high.