On April 14, 2010, at around 14:00, the Defendant, at the (ju) E office operated by the victim D in Geumcheon-gu Seoul Metropolitan Government, concluded that “F” was re-issued from G (ju), the original contractor, for the maintenance and repair of the computer equipment of both companies operating in Pyeongtaek-si. The Defendant provided repair and maintenance services to the victim. The Defendant would receive payment from G, the original contractor, for the maintenance and repair services.”

However, at the time of fact, the “F” operated by the Defendant and the Defendant was in excess of the obligation, and national taxes were delinquent. Even if the Defendant received the cost of maintenance and repair of computer equipment from G, he was thought to use it for his own cost of living, company operating expenses, and tax payment, and thus, he did not have any intent or ability to pay the cost

Nevertheless, the Defendant, by deceiving the victim, was supplied with maintenance and repair services of the computer equipment from the early April 2010 to October 2010, and did not pay KRW 48,950,000 to the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A contract for technical assistance, maintenance and repair;

1. Tax invoices and details of settlement;

1. Attachment report, notification of attachment of claim, or copy of a summary order;

1. Application of the Act and subordinate statutes to the investigation report (G Co., Ltd.);

1. It is inevitable to sentence a punishment in light of the relevant legal provisions as to the crime and the fact that the amount of the instant case obtained by deceit is equivalent to 48,950,000 won for the reason of sentencing under Article 347 (1) of the Criminal Act (elective of Imprisonment), and that no damage has been completely restored until four years have passed since the sentence was imposed.

However, the fact that the defendant is aware of and reflects the crime, the fact that there is no particular criminal record other than twice before and after the fine of this species, and the age, character, conduct and environment of the defendant, the process and motive leading to the crime of this case, and the circumstances before and after the crime, etc.