Phil Smith is a general contractor. Harry and Sally Jones hired Phil to finish their basement and willingly provided him with a $10,000 deposit. Phil described his expertise in basement finishing, and the Joneses believed Phil would finish their basement within the next three to six months. Over a year later, Phil has not yet begun work on their basement and used the deposit money for an around-the-world cruise instead. The Jones would like to pursue any criminal charges that are available. Has Phil Smith committed a crime? If so, which one?