The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

1. Summary of grounds for appeal;

A. The Defendant received the construction contract amount according to the construction contract stated in the facts constituting the offense of the lower judgment and carried out ground-breaking and civil engineering works. Of the construction contract amount, part of the construction contract amount was used as its own parking building construction cost with the consent of the victim. Therefore, the lower court found the Defendant guilty of the facts charged of the instant case and thereby adversely affected the conclusion of the judgment.

B. The Prosecutor’s sentence (one year and six months of imprisonment, three years of suspended execution, and probation) of the lower court is deemed to be too untile and unfair.

2. Determination

A. As to the Defendant’s assertion, the lower court rejected the Defendant’s assertion in detail under the title “determination on the Defendant’s and his defense counsel’s assertion”.

In light of the circumstances indicated by the lower court appropriately, the Defendant received KRW 430 million from the victim until August 2016, the Defendant received KRW 430 million, and the amount paid as the construction cost of the instant case in 2016 is merely KRW 10 million, ② the Defendant received the construction cost of his own parking building and immediately used it as the construction cost of his own parking building with the victim’s consent, ③ the Defendant asserted that the construction cost of the instant building was used as the construction cost of one’s own parking building with the victim’s consent. However, considering the witness H’s testimony in the lower court court’s court court court, the Defendant received the construction cost of the instant building and used it as the construction cost of the parking building, it is difficult to believe the said assertion, and ④ the victim demanded the Defendant to continue the instant construction project over several occasions, and the victim dispatched the content-certified mail to the effect that the instant construction contract is terminated on July 14, 2017, the lower court’s judgment that found the Defendant guilty is justifiable, and there is no violation of law of mistake of facts.