The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

The judgment below

part of acquittal.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (the guilty part of the judgment of the court below) did not deceiving the victims at the time of concluding a construction contract with the victims, and had the intent and ability to repay the construction cost. Nevertheless, the court below found Defendant guilty of this part of the facts charged. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment. 2) The sentence sentenced by the court below of unfair sentencing (one month imprisonment) is too unreasonable.

B. Prosecutor 1) According to the evidence submitted by the prosecutor of mistake of facts (not guilty part of the judgment of the court below), the court below acquitted this part of the charges, despite the possibility of fraud as to the acquittal part of the judgment of the court below. Therefore, the court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) The above punishment sentenced by the court of unreasonable sentencing

2. The judgment of the court below on the defendant's assertion of mistake of facts concerning the guilty portion

A. The intent of defraudation, which is a subjective constituent element of the relevant legal fraud, is to be determined by comprehensively taking account of the objective circumstances, such as the Defendant’s financial history, environment, details of the crime, and the process of transaction before and after the crime, insofar as the Defendant does not make a confession. The intent of the crime is sufficient not to have a conclusive intention but to have dolusence

(See Supreme Court Decision 2008Do1697 Decided June 23, 2009, etc.). B.

In light of the above legal principles, the health team and the defendant alleged the same argument as the grounds for appeal in this part of the judgment below, and on this point, the court below explained in detail the argument and the decision on the argument from 2th to 4th 2th 14th of the judgment, and found the defendant guilty of this part of the charges.

In this context, according to the evidence duly adopted and examined by the court below, the financial and debt status of the defendant and the use of the received construction cost as follows.