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The defendant is innocent.
Reasons
1. On March 25, 2015, the Defendant was sentenced to a suspended sentence of one year on April 2, 2015 by imprisonment with prison labor for violating the Labor Standards Act at the Seoul Southern District Court, and the judgment became final and conclusive on April 2, 2015.
On December 9, 2013, the Defendant, the representative of the Co., Ltd. operating the software sale and maintenance business, was phoneed to F of the managing director of the Co., Ltd. of the Co., Ltd. in order to receive the project by bidding in C to purchase G Disaster Recovery Center Software.
Then, until December 16, 2013, H software supply is changed. Moreover, when G makes payment after the inspection, it was false that G would pay KRW 32,419,200 for the price of software supply.
However, in fact, even if the Defendant’s debt exceeds five billion won and receives the price of supply from G, it was insufficient to pay interest on the above debt or wages to workers. Therefore, even if the victim supplied and installed the H software to G, it did not have any intent or ability to pay the price.
On December 20, 2013, the Defendant, by deceiving the victim as such, had the victim install H software equivalent to KRW 32,419,200 at the market price in eight G computer units located in the G computer units located in the I, thereby acquiring financial profits equivalent to the same amount.
2. According to the evidence duly adopted and examined by this court, the defendant operated.
C A Co., Ltd. has acquired approximately KRW 1.6 billion in sales in the year 2012, approximately KRW 6.6 billion in the year 2013, or KRW 5.0 billion in the early 2013 after acquiring the company J around May 2012, due to the financial difficulties of the Company, and the debt was paid to the first 2013, and the victim traded C Co., Ltd. and the company operating the company from 2012, E traded software, etc. from the year 2012, E Co., Ltd. and C Co. and G will bid before the bid to disclose the disaster recovery center system, and C Co., Ltd. announced on December 9, 2013.