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

Around May 1, 2011, the Defendant stated to the effect that “The Defendant would transfer money by adding up the wages at the end of each month when supplying the figures to work at the same construction site” to the victim B at the site of the Korea Housing Construction Corporation, Changwon-si, Changwon-si, Seoul Special Metropolitan City.

However, in fact, the Defendant did not have any intent or ability to pay the total amount of wages even if he is supplied with the seal from the victim because the Defendant was in an urgent situation when he received construction payment from the owner in the state that he had a debt equivalent to about 300 million won at the time when he would receive the seal from the victim because the obligation for wages and material prices was accumulated after the Defendant’s default on payment of the construction business around September 208.

Nevertheless, the Defendant, as seen above, by deceiving the victim from May 201 to October 201, provided the victim with labor equivalent to KRW 10,480,000 at the said C Housing Construction Project site from around May 201 to around October 201. On April 2012, the Defendant provided the victim with labor equivalent to KRW 530,000 in total at the E construction site at around Kimnam-si, Kim Jong-si, and Kim Chang-nam, and acquired economic benefits equivalent to KRW 11,000 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to filing a complaint and a detailed statement of accounts receivable;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of criminal punishment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;