On November 2012, the Defendant: (a) operated a public relations system in Songpa-gu Seoul Metropolitan Government D Co., Ltd.; and (b) Doing the Defendant, the Defendant stated, through E, that “The victim F will pay KRW 13,00 per unit of the telecommunications line for the presidential election set on December 18, 2012 and the special election for the Superintendent of Seoul Metropolitan Office of Education for the presidential election set up on December 18, 2012.”

However, at the time of the fact, the Defendant had a debt amounting to KRW 70 million, and from April 2012, the Defendant was unable to pay KRW 1 million per month of the rent of the office C Co., Ltd. from April 2012, and even if the monthly rent was deducted from the lease deposit, the Defendant was not able to pay the rent, and there was no intention to pay the rent.

As above, the Defendant, by deceiving the victim and using 30 lines from December 1, 2012 to August 18, 2012, leased 15,280 lines for the ARS publicity system server from the victim to 15,280 lines, acquired pecuniary benefits equivalent to KRW 19,864,00 of the rent for the communications line.

2. Determination

A. The key point of the instant facts charged is that the Defendant, even if the Defendant leased the AR publicity system from F, did not have the intent or ability to pay the rent. As such, the Defendant acquired the pecuniary advantage equivalent to the rent by using the 30 server communications line 15,280 lines, and thus, the Defendant ought to obtain pecuniary advantage equivalent to KRW 19,864,00 from the use of the 30 server communications line 15,280 lines, based on the evidence submitted by the Prosecutor, and to acknowledge that the Defendant had the criminal intent to obtain pecuniary advantage equivalent to KRW 19,864,00 from the use of the 1

(b) Matters concerning the financial gains acquired by the defendant.