The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

1. Summary of grounds for appeal;

A. misunderstanding the facts and legal principles 1) With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), when the Defendant completed the Electric Source Housing Construction Corporation (hereinafter “the Electric Source Housing Corporation”) on Jinju-si and 6 lots of land (hereinafter “the instant land”), the Defendant had a plan to borrow land and buildings as collateral and pay the construction cost. The Defendant completed the civil construction work (hereinafter “the civil construction work of this case”) among the Electric Source Housing Corporation of this case to F, who is the actual operator of the victim E Co., Ltd. (hereinafter “victim E”), will receive a loan within seven days from the completion date and pay the construction cost.

It was discussed, and F also concluded a contract by understanding all these circumstances of the defendant.

On September 201, F discontinued the instant civil engineering works and obstructed the remaining construction works, and thereafter, the Defendant failed to obtain a loan from the wind that is undergoing an auction on the instant land, and thereby, the payment of construction cost is impossible for the victim E.

Therefore, the defendant did not have any intention to commit fraud.

The actual amount of damage of victim E is KRW 164,80,000 of the total construction amount, KRW 29,320,000 of the subsidies, KRW 29,50,000 of the non-execution amount, KRW 159,50,000 of the non-execution amount, and KRW 150,000 of the site and the non-execution amount paid by a change in the name of the owner of the building, and KRW 245,680,00 of the total construction amount.

Therefore, when the amount of damage is more than 50 million won, it does not constitute a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

2) As to fraud, the Defendant concluded a contract with the victim G for the steel reinforced concrete construction among the instant electric source housing construction works, and the victim G performed the said steel reinforced concrete construction works, but only did not pay the said price due to the foregoing circumstances, and intended to defraud the construction cost at the time the said contract was concluded.