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

The Defendant had a debt equivalent to KRW 1.39 billion from August 201 to October 201, 201, while the value of the real estate, which is active property at the time, and the outstanding amount, were not less than the amount of the debt, and thus, the Defendant did not have the ability to pay the construction price to C.

Nevertheless,

1. Around August 29, 2011, the Defendant made a false statement to the victim C within the E-factory office operated by himself/herself in the Sound Group D, Chungcheongbuk-gun, stating that “The payment of construction cost will be made as the completion of the construction work, as the construction work is completed.”

As such, the Defendant, by deceiving the victim, had the victim perform the extension work from that time until September 30, 201, and did not pay KRW 47 million out of total construction cost, thereby acquiring pecuniary benefits equivalent to that amount.

2. On September 16, 2011, the Defendant made a false statement to the victim stating that “The Defendant would pay the construction cost as at the end of the construction work at the end of the year in which the new construction work of a dormitory is completed,” and the Defendant did not have the victim perform a new construction work of a dormitory from that time until October 5, 201, and did not pay KRW 28 million for the construction cost, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a construction contract;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning facts constituting an offense; the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the sentence of the same punishment as the sentence shall be imposed on the defendant in consideration of various circumstances, such as the fact that the amount of fraud is not so big, that the defendant has agreed with the victim, that the defendant has no criminal record, and that the defendant reflects the crime);

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