However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The Defendant, while engaging in the construction business in the field of landscaping planting, was operating the construction work in a way that re-subcontracts with a subcontract for construction works.

In light of the fact on January 201, the Defendant had no intent or ability to pay the construction cost on the agreed date, even if the Defendant provided sub-subcontracts to the victim corporation D with re-subcontracts for the construction work, on the ground that the Defendant, upon receiving the construction cost from the sub-subcontracts, paid the construction cost to the re-subcontracts and paid the construction cost to the re-subcontracts with the delayed payment of the construction cost, thereby resolving the Defendant’s obligation of re-subcontracts by delaying the payment of the construction cost later in the manner that the construction cost is reduced later.

Nevertheless, on January 5, 2011, the Defendant made a false statement to F, the representative director of the victim company, stating that “I will complete the Gangnam-gu G apartment landscaping construction, and will pay construction cost,” at the office of the Defendant located in the third floor of the building in Sungnam-si, Sungnam-si, the Defendant made the victim company engage in the cost of landscaping construction equivalent to KRW 30,041,000 from January 5, 201 to March 10, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the police interrogation of the accused;

1. The following circumstances acknowledged by the above evidence of the police statement of F with respect to F, namely, the construction cost unpaid at the construction site of H golf course at the time of the instant case, are 50 million won.