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

3.

[Prior Crimes under the latter part of Article 37 of the Criminal Act] On October 30, 2013, the Defendant was sentenced to imprisonment with prison labor for a year and six months at the Daejeon District Court on the grounds of fraud, etc. and the judgment became final and conclusive on January 16, 2014.

【Criminal Facts】

On September 21, 2011, the Defendant entered into a contract for the construction of the tetel 204 in Seo-gu Daejeon, Seo-gu, Daejeon, with E Co., Ltd., and the construction was suspended due to financial difficulties while allowing the said company to carry out construction works in the instant officetel 204.

On February 7, 2012, the Defendant stated that the victim F, who had been the head of the above Dtel 204 prior to the above Dtel 204, “on the completion of the construction, the Defendant would pay not only the personnel expenses to be additionally invested, regardless of the above company, but also the personnel expenses not paid.”

However, in fact, the Defendant started the construction of a screen golf course with no specific property to pay the construction cost, and the Defendant had the obligation to pay to the investors out of the investment funds received in the course of operating G Co., Ltd. before, and therefore, the Defendant did not have the ability to pay the labor cost to the victim even if he had the victim completed the construction work.

Accordingly, the Defendant, by deceiving the victim, had the victim take out personnel expenses of 13 million won from that time until March 13, 2012, thereby having the victim obtain pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F in the suspect examination protocol of the accused by the prosecution;

1. Statement made by the police officer on F;

1. Details of the input of the construction cost, written agreement, cash payment note, H interior works standard contract, investigation report (propact No. 72 of the prosecution investigation record), register of the real estate register, and NAB real estate data, respectively;

1. Previous records: Application of Acts and subordinate statutes to previous records, inquiry reports, copies of written judgments, and inquiry statements into case case;

1. Criminal facts;