The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On November 201, 201, the Defendant: (a) was expected to receive a crypt money from E, the original business entity, at the time of concluding a contract for the supply of reinforced earth and materials and construction of retaining walls with the victim; (b) thus, the Defendant was sufficiently able to pay the material price and construction cost to the victim; and (c) there was no intent to acquire it by fraud

Nevertheless, the defendant did not have the intent or ability to pay the price even if the defendant received materials from the injured party and completed the retaining wall construction.

Based on the judgment of the court below which found the defendant guilty of the facts charged of this case, the court below erred by misunderstanding facts and affecting the judgment.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below as to the assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant, even if he received materials from the injured party as stated in the judgment of the court below and received the construction of a retaining wall, he/she did not have the intent or ability to pay the cost thereof, by deceiving the injured party, thereby deceiving the injured party of the pecuniary benefits equivalent to the cost of materials and retaining wall construction.

① On September 1, 2011, the Defendant entered into a subcontract with E to “F factory site creation works” with the construction cost of KRW 610,000,000,000,000, and agreed that E shall pay the Defendant the construction cost in cash as of the end of each month following the end of each month and pay the remainder within 15 days after the completion of construction.”

After that, on November 10, 201, the Defendant entered into a contract for the provision of reinforced soil materials and the construction of retaining walls with the victim on or around November 10, 201, and the proceeds thereof shall be paid by the defendant to the victim within 30 days of the following month after the end of the month, but if the proceeds are paid in advance or by other reasons at the ordering office, the proceeds shall be paid from the ordering person.