The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the Defendant did not intend to obtain the cost of installation of air conditioners from the owner G because he received the cost of installation of air conditioners from the owner G and paid it to the victim, and the victim was aware of this, and thus, the Defendant did not intend to obtain the cost of installation of air conditioners from the victim

2. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court: (a) the Defendant drafted a payment contract with the victim to pay the amount by May 17, 2012 when the victim urged the payment of the cost of installing the instant air conditioner; (b) the Defendant did not pay it to the victim up to now; and (c) the Defendant refused to pay the amount of the installation and the amount of the installation that was not disputed at the time of the preparation of the payment contract; (d) on March 29, 2012, G paid KRW 5.3 million to the Defendant under the pretext of the cost of installation of air conditioner; (e) the Defendant did not use it for its intended purpose; and (e) the Defendant prepared a document confirming the voluntary use of the cost of construction, including the cost of installation of the above air conditioner among G around July 14, 2012; and (e) the Defendant did not explicitly wish to receive the payment from the owner at the time of installation of the instant air conditioner; and (e) the Defendant did not have any capacity to pay the payment from the victim.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.