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

The Defendant, from April 2012 to March 2014, 2014, operated soup a so called “C” in Busan Shipping Daegu B, and the victim D is the representative of E Co., Ltd., a lighting company.

On December 20, 2013, the Defendant entered into a soup contract with the victim for lighting construction work to replace the above lighting with PED name at the second floor office of the above “C” on December 20, 2013, and paid the price in installments from January 25, 2014 to December 12.

However, since the Defendant had previously concluded the above lighting construction contract, the financial situation was not good due to the management deterioration of the soup bank (the soup discontinuation of the soup bank on March 31, 2014), and around May 30, 2013, the Defendant received a summary order of KRW 2 million as a result of fraud and embezzlement of the price of the soup bank and embezzlement of the soup bank price, and thus, did not have the ability to pay the construction price even if the victim had the soup construction work done on or around December 2013, 2013.

Nevertheless, the Defendant: (a) by deceiving the victim as if he would conceal the fact of management deterioration of the soup bank and pay the construction cost normally; (b) had the victim do lighting work at the level of KRW 17,724,000 from December 20, 2013 to January 24, 2014; and (c) obtained the same amount of pecuniary benefits in a manner of not paying the price at all.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the complaint (including attached materials);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, as well as the age, character and conduct, environment of the defendant, and the motive and circumstances leading to the defendant to commit the instant crime, as well as the means and means of sentencing.