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

The Defendant is a business operator who employs and executes a construction work with the authority of the construction site, and has been liable for the total amount of KRW 60,000,000,000 for wage, etc. to the well-populated persons, and has been in bad credit standing. Therefore, even if the construction cost has been received from the original contractor, the Defendant did not have the intent or ability to pay rent for the building materials borrowed from the victim C at once.

1. On June 8, 2010, the Defendant concluded that “If the Defendant leased 116 construction materials, including 6M pipe 50, etc. necessary for the construction of the Dongdaemun-gu Seoul F commercial building, the Defendant would use up to September 17, 2010, and pay the rent of 26,985,000 won to the Defendant immediately upon receipt of the construction cost from the Administration” to the victim in E operated by the Plaintiff of the Gyeonggi-gun Group D.

As such, the Defendant borrowed the above building materials from the victim with false statements to the victim, and acquired pecuniary gains equivalent to KRW 26,985,000.

2. On August 19, 2010, the Defendant concluded on the part of the above victim’s office that “If the Defendant borrowed 41 construction materials, such as five BT Afabababa, etc. necessary for the building site at the Gyeonggi-si Kimpo-si, he/she would immediately repay the rent of KRW 12,750,000 from the original office for construction payment.”

As such, the Defendant borrowed the above building materials from the victim with false statements to the victim, and acquired pecuniary gains equivalent to KRW 12,750,000.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement C in the police interrogation protocol of the accused;

1. Statement to C by the police;

1. A complaint;

1. Application of the Acts and subordinate statutes on the lease contract for construction temporary relocation;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

3. The Criminal Act, the suspension of execution;