The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. A. A series of actions by the Defendant, such as the mistake of mistake or misapprehension of legal principles, are not fraudulent acts, and the Defendant did not have the intent to commit fraud, since he used most of the progress payment received from the victim to the instant construction.

Since the Defendant paid the progress payment for the construction work at his own discretion after examining the written request for withdrawal of funds submitted by the victim and the actual progress of the construction work, there is no causal relationship between the Defendant’s deception, mistake of the victim, and disposal.

Even if it is recognized that the defendant has the intention to commit fraud, the amount actually used for the construction of this case out of the progress payment received from the victim shall be excluded from the amount of fraud.

Nevertheless, the first instance court found the Defendant guilty on this part of the facts charged by misunderstanding the facts or misapprehending the relevant legal principles.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles, the defendant denied the facts charged in this case by asserting the same purport as the grounds for appeal in this part, and the court below rejected the defendant's assertion on the grounds of various facts and circumstances recognized as the evidence duly adopted and investigated under the title "judgment on the defendant and defense counsel", and found the defendant guilty of this part of the facts charged.

The judgment of the court below is just in light of the following circumstances, which are acknowledged as the evidence, based on the evidence duly admitted and examined by the court below, and it is so argued by the defendant.