A defendant shall be punished by imprisonment for five years.

Punishment of the crime

The Defendant is the representative director of C (hereinafter referred to as “C”) established for the purpose of the development, manufacture, production, distribution, consultation, service business, etc. of software on the 13th floor of Jongno-gu Seoul Metropolitan Government B building, and the actual operator of E (hereinafter referred to as “E”) located in Yeongdeungpo-gu Seoul Metropolitan Government D (hereinafter referred to as “E”).

[2017 Gohap 1222] On November 25, 2016, at the office of Jongno-gu Seoul Metropolitan Government, the Defendant supplied G and H with software related to improving the performance of K (Local Tax Management Program) to G and H, an employee of the Victim F Co., Ltd. (hereinafter “victim F”), a software seller and distributor, (hereinafter “victim F”).

To do this, C must purchase the software from L Co., Ltd. (hereinafter referred to as “L”), and there is a lack of funds for purchase.

In addition, I would like to make sure that the victim F will preferentially bear the relevant software purchase fund and supply the software to C.

Therefore, C will pay the price by December 30, 2016 after supplying the relevant software to I.

After opening a bank account in the name of C and the victim F, it is necessary to deposit the price of supply to the bank account in the name of the relevant joint bank account and request I to do so.

In doing so, C made a false statement to the effect that “A cannot arbitrarily withdraw the money received from the victim F and use it in other locations unless there is the consent of the victim F, so the victim F would not be able to receive the payment.”

However, even if the victim F remitted the purchase price of the software to L, the defendant only tried to use the money by receiving it again from the subordinate distributor of L, and did not think that I did not request the victim F to deposit the price of supply into the joint account between C and the victim F.

In addition, the fact that C has already been set up in terms of sales growth since the end of 2015, and is an owner of a major project.