The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant is expected to be able to have the right to operate the restaurant as a main owner of civil engineering works, received KRW 12.5 million from the victim, and returned the victim with a double KRW 9.6 million, the court below found the defendant guilty of the facts charged in this case even though it cannot be deemed that he had a criminal intent to acquire by deception, which affected the conclusion of the judgment.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, D Co., Ltd., a defendant's employee, was awarded a subcontract for a part of booming construction among E construction from d Co., Ltd., but it is not possible to give the victim the right to operate booms only with the receipt of orders from d Co., Ltd., which is not civil engineering works, and ② the defendant argued that the d Co., Ltd. could be held capable of purchasing booms, but the defendant was requested from d Co., Ltd. to participate in the bidding to receive civil engineering works from d Co., Ltd., upon receipt of a request from d Co., Ltd. to participate in d Co., Ltd., in order to submit a tender for d Co., Ltd., without submitting an estimate, it seems unlikely to receive an estimate from d Co., Ltd., Ltd., and ③ The victim stated that it could not be said that d Co., Ltd. would have been definitely able to do so at the time of operation of 200.