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

From June 1, 1997 to September 30, 2014, the Defendant operated a landscape architecture company D, located in Gwangjuyang-si, and on September 30, 2014, the Defendant was awarded an order of KRW 1.2 billion for landscaping construction works in the Busan E-building site constructed in around 2014, and the Defendant was considered to have leased the necessary weight of the construction works.

On June 12, 2014, the Defendant promised to the victim G, the actual representative of F (State) who is a construction machinery lessee, at the office located at the construction site of the building site of Jung-gu Busan, Busan, to provide that “The 300 tons of monthly rent for the construction of the building shall be leased from June 10, 2014 to July 9, 2014.” On August 10, 2014, the Defendant agreed to provide that “The 333 million won of the monthly rent for the construction of the building (including the value added tax) shall be paid with the rent for the said money,” and the Defendant agreed to provide a equipment lease agreement with the victim.

However, in fact, the Defendant was unable to pay 2.4 billion won from H due to the failure of H to pay 2.4 billion won, and it was thought that the Defendant would be used to pay H’s debt. At the time, there was no asset other than the amount of money that he would receive from her construction (the State) due to the lack of financial circumstances, such as the normal payment of the employee’s benefits. Therefore, even if the Defendant used the money from the damaged person upon the lease of her flag, there was no intention or ability to pay her rent.

Nevertheless, the Defendant: (a) by deceiving the victim and using the victim’s deception from June 10, 2014 to July 9, 2014; and (b) did not pay rent of KRW 33 million to the victim; and (c) obtained pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement of the police statement related to G;

1. Copy of the police statement made to H;

1. Details of a contract for the lease of equipment, electronic tax invoice, and construction cost;

1. Submission (D, A, etc.) of financial transaction details;