The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles is to be used by the victim for conversion.

The Defendant borrowed KRW 20,00,000 as the expenses to be incurred in Mmuls subcontract construction and N remodeling construction, on the condition that he/she would receive money under the pretext that he/she would receive or would receive a subcontract for a set project, and the Defendant borrowed KRW 20,000,000,00 from the above two construction projects, the contractor of the above two construction projects, and was planned to repay the borrowed money to the victim upon the advance payment, but it is merely a failure to pay the borrowed money due to the failure to comply with the specific construction agreement

Even if the defendant received money from the victim under the pretext of using the money for conversion of a mountainous district

Even if the contract for the supply of soil and sand is concluded with F (hereinafter “F”), the defendant did not have the intention to acquire it by fraud.

Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions of the instant case, the lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. First of all, the judgment of the court below on the assertion of mistake of facts or misapprehension of legal principles is based on the evidence duly admitted and investigated by the court below, i.e., the following circumstances, i., ① the victim consistently stated that if the defendant lends 20 million won to the court of the court below and the investigative agency for the purpose of finding the certificate of permission for mountainous district conversion, the victim would be awarded a punishment subcontract construction work. ② The defendant actually received the above KRW 20 million and actually received the above KRW 20 million, and the victim received the above KRW 20 million as the down payment for the punishment construction work under the name of the limited company operation of the defendant.