The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, under the name of the victim of a mistake of fact, was performing construction with a bid for the D Elementary School Switzerland Improvement Project (hereinafter “instant construction project”), and actually used part of the construction cost received from the victim to the instant construction project, and the Defendant did not complete the instant construction project due to the occurrence of a H work implemented by himself/herself and failed to receive the construction cost, there is no intention to commit fraud against the Defendant.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of the court below on the assertion of mistake of facts, the defendant argued the same as the reasons for appeal in this part, and the court below concluded that the above construction cost of this case was used as voluntary use of the construction cost of this case, and that the defendant did not use the construction cost of this case for any other purpose since he did not use the construction cost of this case where he used the construction cost of this case as voluntary use of the construction cost of this case after receiving the second progress payment payment of H construction cost of this case in relation to the construction cost of this case, and the defendant did not use the construction cost of this case in excess of 13.6 million won from the victim's transfer of the construction cost of this case. In light of various circumstances, it is reasonable to view that the defendant did not use the construction cost of this case where he used the construction cost of this case as voluntary use of the construction cost of this case, and the defendant did not use it for any other purpose.