However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

On December 2013, the Defendant, a person operating a construction business chain C, was to perform construction works by receiving a subcontract for file construction and steel reinforced concrete construction works from F Co., Ltd. at the construction site of “E” located in Ansan-si D.

On May 2014, the Defendant made a false statement to the victim G to the effect that the Defendant would pay rent after the completion of the construction work on the face of a string to be used at the construction site at the instant construction site.

However, the fact that the construction cost was increased due to a change in the design at the construction site on March 2014, and the construction cost was not appropriated only for the construction cost that was previously received from F. The construction cost was also not paid to other sewage-based companies. Therefore, there was no intention or ability to pay rent at the time even if the person suffered from the damage, on the ground that he was unable to pay the construction cost.

Although the Defendant, from May 14, 2014 to July 1, 2014, leased a total of 46 days from the victim, the Defendant did not pay KRW 11,895,000 to the victim rent for 46 days.

Accordingly, the defendant deceivings the victim, thereby acquiring economic benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. The part concerning each of the statements made by H, I, and G among copies of the protocol concerning the examination of the suspect by each prosecutor against the defendant

1. Statement of the police statement related to G;

1. Copies of each police statement made to J or K;

1. Application of Acts and subordinate statutes to report on investigation, such as payment orders, the current status of arrears, deposits in arrears, copies of account statements and tax invoices, specifications of transactions, photographs of construction site, etc.;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the mitigated area (one month-one year-one year-one year-one person] shall not be punished;

2. Determination of sentence [Opinion of Prosecutor] 8 months of imprisonment with prison labor / [Judgment] 4 months of imprisonment and one year of suspended sentence.