The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant received money from the victim by stating that it is necessary to pay 5 million won to the victim a subcontract cost for the Haldong H Corporation H, and used 3 million won among them for personal purposes.

Therefore, since the defendant belongs to the use of the victim and received money, it constitutes a fraud for use.

B. The sentence imposed by the lower court on the Defendant (two million won of a fine) is too uneased and unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal principles (limited to the acquittal part), the court below held that the complainant's statement was actually made at the police station as evidence consistent with this part of the facts charged, but it is found based on the evidence duly adopted and investigated by the court below. In other words, the complainant delivered 5 million won to the defendant for the purpose of receiving a subcontract for the construction work, but the defendant used 2 million won at will and used the remainder for the purpose. However, in the court of the court of the court of the court below, the complainant and the defendant decided to act together with the defendant. However, although the complainant were to act together with the defendant, they were jointly used for the expenses for the construction work, and the defendant testified that the complainant decided not to receive a subcontract because the unit price was low, but it is insufficient to consistency in the statement because the complainant and the defendant testified that the complainant did not receive a subcontract. ② In addition, the complainant did not receive a subcontract from the court of the court of the court of the court below, but the defendant did not receive a subcontract within 00 million won under the agreement.