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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) around the date and time indicated in the instant facts charged
A) A person who actually operated the Defendant is J, and the Defendant was merely the representative director in the name of only responsible for the maintenance and repair of computer-related equipment, so the Defendant did not commit the instant crime. (2) Although the Defendant received the business team G and e-mail from the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”), the Defendant did not deceiving the victim company, and as a result, did not make payment due to the software supply to the victim company, even if the Defendant did not have an obligation to notify the victim company of the fact that he was paid the payment, it cannot be said that the Defendant had the criminal intent of defraudation by the Defendant at the time of the contract, insofar as he did not have an obligation to notify the victim company of the fact
B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.
2. The Defendant: (a) around December 2012, 2012, at the Defendant Company’s office, provided that the Victim Company and the Defendant Company agreed to supply the cyber headquarters subcontracted from Jydual Es and supplied the “F” to the Ministry of National Defense; (b) provided e-mail with G, which is the chief of the victim Company’s business team, by January 2, 2013; and (c) provided the software supply price at KRW 56,639,00; and (d) supplied “F” to the above security program server established in the Ministry of National Defense cyber headquarters; and (e) provided “F” to the Defendant Company upon receiving payment from the Ministry of National Defense and Jydual Es and receiving payment from the Defendant Company.
However, on January 3, 2013, the Defendant already used 84,259,000 won for the security program server and software supply price from Jindua S., and the Defendant Company.