The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant, by means of influence of the amount of the contract for construction works entered into with E, did not deceiving the victim D, reversed the contract for construction works entered into with the victim, and the victim did not have commenced the construction work before entering into a direct contract with E, the owner of the building after the contract with the Defendant was reversed. The Defendant’s failure to pay the construction cost to the subcontractor was due to the fact that the subcontractor did not receive the construction cost agreed upon, but the lower court convicted the Defendant.

B. The sentence of unfair sentencing (two years of suspended sentence for six months of imprisonment) is too heavy.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and examined by the lower court and the trial court: (i) the Defendant entered into a subcontract with the victim on December 2, 2012 (Evidence No. 45, 78 pages); (ii) the Defendant agreed to pay KRW 80,00,00 upon completion of concrete works of the 2nd floor concrete; and (iii) KRW 100,000,000 as progress payment upon completion of concrete works of the 3rd floor in the 3rd floor (Evidence No. 6 pages); (iii) the victim did not perform wood-works, steel-frame processing, and concrete-type construction works through H, I, and J under the said subcontract (Evidence No. 46 pages); (iv) the Defendant, the owner of the instant building, prepared funds through sale and loan; and (iv) the Defendant did not have any capacity to pay the construction cost from the victims and other persons concerned at the time of the loan and loan; and (iii) the Defendant did not have any capacity to pay the construction cost to the Plaintiff and other persons concerned.