On December 2012, the Defendant: (a) supplied and installed “F” on a security program server that the victim E and D agreed to supply to the cyber headquarters of the Ministry of National Defense with subcontracting from the Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and the fourth floor; (b) sent and received e-mail with G, a director of the victim’s business team, and sent the software price to the cyber headquarters of the Ministry of National Defense by January 2, 2013; (c) provided the price of the software supplied to the above security program server established under the cyber headquarters of the Ministry of National Defense; and (d) supplied and installed “F” in the said security program server established under the Ministry of National Defense and the cyber headquarters of the Ministry of National Defense, the Defendant provided false statements as if the “F” were paid to the victim company.

However, on January 3, 2013, the Defendant already used 84,259,000 won for the security program server and software supply price from Jyduia Co., Ltd., and D Co., Ltd did not have the intent or ability to pay the said amount even if the victim did not have any other U.S. funds, even if it had to deliver or install the “F” even if it had no other U.S. funds, because it did not pay the amount of KRW 100,00 for the customer who occurred in the course of replacing the power supply system without compensation in around 2012.

On February 27, 2013, the Defendant, by deceiving the victim company, received software equivalent to KRW 56,639,000 at the market price from the security program server within the Ministry of National Defense located in Yongsan-gu, Seoul, and acquired the same amount of financial gains from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Certificates of product supply and technical assistance, each e-mail output, each electronic tax invoice, and the results of inquiries into the details of each entry and exit transactions, and the specifications of transactions;