The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

1. The summary of grounds for appeal;

A. Unlike the initial construction contract, each of the instant construction works was delayed due to the unreasonable change of the content of the construction works and the request for additional construction works by the victims, and the construction works were interrupted due to the failure to pay the additional construction cost by the victims, and the Defendant did not deceiving the victims and did not intend to commit the crime of deception.

B. Even if a crime of fraud is established against the Defendant, since the Defendant partially performed each of the instant construction works, it is not all the money received from the victims, but only the amount corresponding to the portion that the Defendant did not perform should be considered as the amount of fraud fraud.

2. Determination

A. 1) In full view of the circumstances as shown in the reasoning of the lower court’s judgment, which are acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant, by deceiving the victims, received money as a construction cost and acquired it as a means of deception, and intended to commit fraud.

The judgment of the court below is correct, and there is no error of mistake of facts as alleged by the defendant.

2) In the case of fraud involving the deception of property, if there is a provision of property by deception, the crime of fraud is established by itself by infringing the victim's property, and even if considerable consideration has been paid or no damage has been inflicted on the victim's entire property, the crime of fraud does not affect the establishment of the crime of fraud. Therefore, even if such consideration has been partially paid in the case of fraud, the amount obtained by deception shall not be the difference between the value of the property given by the victim and the value of the

Therefore, as long as a crime of fraud is established against the defendant, the entire amount that the defendant received from the victims shall be deemed to be the amount obtained by acquiring the money, this part shall be deemed to be the victim.