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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) (the owner of the G building construction of this case) stated that the owner of the G building construction of this case would pay the advance payment, which would normally be paid from the construction works, in lieu of the iron bars equivalent to KRW 250 million, and the Defendant would dispose of the said steel bars, and then first repay the amount of KRW 30 million borrowed from the damaged party.
In that sense, the owner did not supply steel bars differently from the initial promise, and the defendant could not start the work as the defendant because he did not complete the existing work.
Therefore, the defendant's failure to return the money of the victim is merely a change in the above circumstances, and it does not intentionally borrow money from the beginning.
In addition, the victim was aware of the contents of the above construction contract and the progress thereof, and thus, he was deceiving the defendant.
subsection (b) of this section.
2. We examine the following circumstances, which can be recognized by the evidence duly adopted and investigated by the court below, i.e., (i) the defendant entered into a contract for the G Building Corporation in the name of the LABD operated by himself, but the above company was unable to submit the commencement of the construction due to the failure to pay taxes such as national taxes, etc., and thus, the defendant was not able to subscribe to industrial accident insurance, and thus there was no possibility of receiving the construction payment in that situation; (ii) the construction contract was terminated on March 12, 2015; (iii) according to the contract submitted by the defendant, the contract was concluded by the defendant, knowing the fact that the defendant cannot commence the construction for the above reasons; (iv) the contract was terminated on March 12, 2015; (iii) the construction cost was provided by the owner of the building; but in light of the overall content of the above contract, it is difficult for the owner of the building to use it in the construction work.