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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
The Defendant is a person who has served as the head of a computer team in the company called “C”.
1. Around June 3, 2013, the Defendant, against the victim D, made a false statement to the victim D by telephone at the “C” office located in Gangseo-gu Seoul Metropolitan Government E, stating that “If he/she takes the eight (8) computer servers and five (15) Nowon-gu, he/she would give the price up to July 17, 2013.”
However, the defendant did not have an intention or ability to pay the price even if he was supplied with a computer server and the Nowon-gu from the victim.
Nevertheless, the Defendant, by deceiving the victim as such, was supplied 8 computers servers of 70950,000 won from the victim, and 15 North Korea from the victim.
2. Around June 5, 2013, the Defendant, at the above C office, provided the victim F, who is an operator of “G”, who is a computer supplier, by the aforementioned method, that “C is proceeding with Nowon-gu PC professionalization in the company, and is going to pay the price at the end of the week by supplying 33 sets of Nowon-gu PC, and then by paying the price at the end of the week,” and acquired 3 set of three Nowon-gu PC supplied by the victim with the total market price of KRW 83,259,000 from the victim.
The Defendant stated, on August 2013, 2013, that “The Defendant would pay the amount in cash within two weeks at the victim I office in Guro-gu Seoul Metropolitan Government H and 301, the victim company’s employees, “The C executives and employees of the domestic company will deliver 20 to the reporters and pay the price in cash within two weeks at each week.”
However, in fact, C did not have any plan to purchase the Nowon-do in order to donate to reporters, and even if the Defendant was supplied with the Nowon-do from the victim company, he did not have any intent or ability to pay the price to the victims.
Nevertheless, the defendant may belong to the victim company on August 2013.