The judgment of the court below is reversed.

Defendant

The punishment for B shall be set forth as eight months.

Defendant

The instant case against B.

1. The summary of the grounds for appeal is as follows: even if the Defendants received construction cost from the injured party, they did not have the ability or intent to make 24 rooms for remodeling construction work, such as the terms and conditions of the contract, and to keep home appliances. In fact, the Defendants failed to complete the construction work by the completion date, and the 14 studs created by the Defendants were only limited to 14.

Therefore, despite the fact that the Defendants conspired in collusion with the damaged party to obtain the construction cost under the name of the construction cost for H building 3 and 4 studio remodeling, the lower court erred by misapprehending the fact and thereby acquitted the Defendants.

2. The judgment of the court below, ex officio, made an application for changes in the indictment to the appellate court, and this court permitted this and changed the subject of the trial. Thus, the judgment of the court below is no longer able to be maintained.

Therefore, the judgment of the court below shall be reversed ex officio pursuant to Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows.

Punishment of the crime

Defendant

B While performing H building 3 and 4 studio remodeling works in the name of the victim F in Dongdaemun-gu Seoul Metropolitan Government under the name of the victim F, the Prosecutor during October 201 specified “at the office of the victim on October 20, 201” as “at the office of the victim on October 20, 201,” but is not correct.

The victim means that “AB’s remaining construction (such as a building outer wall construction, outdoor parking lot, etc.) is to be completed on November 14, 201 with the studio construction work,” and the victim’s office located in Seocho-gu Seoul Metropolitan Government I stated that “the construction cost shall be KRW 39.5 million with the victim’s office in Seocho-gu, and the date the construction work commences shall be paid on October 27, 201; the construction cost shall be paid on a temporary basis; the victim and the beneficiary shall be the victim and the beneficiary shall be the representative of the OB,” and the public prosecutor concluded the construction contract with the victim as “ around October 25, 201.”