The judgment below

The part concerning the accused case shall be reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not have any intention to commit fraud. 2) The lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged stated as follows: “The Defendant at the E Association head’s office located in Yong-Gun, Jeonan-gun, Yong-Gun around September 30, 2009, at the E Association head’s office located in Jeonan-gun, and the victim C, a Han-gun, a Han-gun, a Han-gun, was the Chairperson of F, was immediately paid as long as he received the Han-ok Village subsidy, and the remainder will be paid within 15 days after the completion of the work. In any case, the Defendant would not look at the damage of the Party.”

However, even if the Defendant received the subsidy, it was intended to use it for the Defendant’s personal debt repayment, and receive the loan as collateral and use it for the repayment of his personal debt. Therefore, even if the victim constructed the hanok, he did not have the intent or ability to pay it as agreed upon.

Ultimately, the Defendant, as above, made a false statement to the victim, completed the Plaintiff’s 2 bonds and completed the 1 bonds up to 80% of the construction cost, but did not pay KRW 92,785,000 out of the construction cost of KRW 182,480,00, thereby acquiring property benefits equivalent to the same amount.

B. In accordance with the evidence of the judgment below, the court below held that the defendant used half of the subsidy for personal purposes, such as the defendant's repayment of debt, etc., even if he received the subsidy, and the defendant thought that he would pay half of the remainder to the victim. When the construction work is completed, he delayed the payment of the remainder on the ground that there is no justifiable ground and delayed the payment of the construction cost, and again received the completed Han-style house loan as security and intended to use it for personal purposes such as the defendant's repayment of debt.