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

On March 31, 2018, the Defendant entered into a contract for remodeling of hotel E in Gangwon-gun E with D who operates a stock company B, a corporation of which the Defendant entered into.

According to the terms and conditions of the contract, the Defendant, from April 2, 2018 to April 20, 2018, performed remodeling construction works equivalent to KRW 340,00,000 of the contract amount at the above hotel, and the construction price was paid in the order determined in the F when the sale of the above hotel is completed after undergoing the completion inspection of the said hotel.

On the other hand, the Defendant decided to deposit KRW 100 million as contract deposit in C by April 5, 2018 in accordance with the said remodeling construction contract.

The Defendant, from April 2018 to April 26, 2018, while carrying out the said remodeling project, concluded a waste transport service contract with the victim H who operates G at the above construction site, and concluded a waste transport service contract with the Plaintiff, saying, “The Defendant would pay the amount of services up to May 10, 2018 by calculating the amount of KRW 2 million per 2 million per dump truck, when transporting wastes at the E hotel site.”

However, at the time, the Defendant was unable to pay the construction cost to other subordinate companies such as the victim while carrying out the said remodeling project without any particular funds, and was unable to pay KRW 100 million to the contract deposit with C, and there was an uncertain situation that could at any time receive the construction cost from C. Therefore, even if the victim disposes of the wastes, there was no intention or ability to pay the service cost until the agreed date.

Nevertheless, the Defendant deceptioned the victim as above, and caused the victim to take economic benefits equivalent to the amount of 80 tons of 160 million tons of dump trucks from April 27, 2018 to May 1, 2018 by having the victim dispose of wastes equivalent to 160 million won.

Summary of Evidence

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