The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant was paid KRW 2.2 billion for the construction of a new building located in Seo-gu Daejeon District of Daejeon (including soup, soup, and soup, hereinafter “the new construction of this case”) from F and attempted to pay part of it to the victim. As such, the Defendant did not deceiving the victim and did not have the intent to defraud the Defendant.

B. The sentence sentenced by the lower court to the Defendant (4 months of imprisonment, 2 years of suspended execution, and 24 hours of community service order) is too unreasonable.

2. Determination

A. In light of the following facts and circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts, the Defendant deceptioned the victim as stated in the facts constituting the crime in the lower judgment, and had the intent to defraud the Defendant.

It is reasonable to view it.

Therefore, the defendant's above assertion is without merit.

1) On March 29, 2013, the Defendant contracted the instant new construction work from F to KRW 2,506,680,000 (including value added tax), but not directly receives the payment from F in full, the Defendant decided to lease the incidental facilities within the said building and receive the payment as the deposit.

Therefore, it is difficult to accept the defendant's appeal that the defendant intended to receive construction payment from F and to pay it to the victim.

2) ① On July 2013, when the Defendant entered into a contract with the Defendant for air-conditioning pipeline construction (hereinafter “instant pipeline construction”) among the instant new construction works, it seems that the lease of the ancillary facilities was not smooth, and that the Defendant failed to properly appropriate appropriation for the construction cost to be used for the instant new construction works, including the instant pipeline construction works.

(2) On July 2013, the Defendant shall install air-conditioners with the victim and the pipeline construction of this case KRW 11 million among them.