The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the time when the defendant was suffering from the financial difficulties, the time when the defendant was suffering from the financial difficulties was around August, 2013 to September, 2013, the defendant had sufficient ability to build a new house at the time of entering into a new house construction contract with the victims of the previous victims.

Nevertheless, the failure of the victims to complete the entire house under the above contract is due to the aggravation of financial standing due to civil petitions filed by the Defendant for the construction of the site for the entire house that the Defendant continued after entering into the contract with the victims, and on the other hand, the J, who contracted the above construction, did not properly perform the construction work even after receiving the construction cost from the Defendant.

On the other hand, since the Defendant spent the construction cost paid by the victims as the construction cost, design cost, and brick payment in accordance with the pretext thereof, it does not mean that the Defendant acquired the construction cost paid by the victims.

However, the lower court found the Defendant guilty on the facts charged of this case. In so doing, the lower court erred by misapprehending the facts.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) According to the evidence duly admitted and examined by the lower court and the first instance court as to the assertion of mistake of facts, the following facts can be acknowledged.

A) The background leading up to the Defendant’s acquisition of the construction site for electric source housing and the progress of the existing project (1) the Defendant established BB and H from around 2009 to operate a model housing model for electric source from March 3, 2012, Nam-gu AD (hereinafter “AD”).

Meanwhile, at the same time, W, who intended to receive part of the site for electric source housing in Nam-gu, Nam-gu, Dong-gu, BL (hereinafter “K”) and BM, for sale, requested the construction of electric source housing on the site for electric source housing on October 2012, where W, who would find the Defendant around October 201 and be sold.