사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant, as stated in the facts charged in the instant case, paid KRW 40 million out of KRW 79.5 million from D, and the remainder KRW 39.5 million is the price for the game machine. However, in light of the various circumstances, the Defendant’s consistent statement that 79.5 million won is all more reliable, and the Defendant used most of the money paid from D for the development and production of the game machine, in full view of the following: (a) the Defendant is fully admitted to the facts charged in the instant case.
Nevertheless, the court below acquitted the defendant by misunderstanding the facts.
2. Determination
A. The Defendant is a person who served as a representative director of E company specializing in the development, production, etc. of game machines.
On May 2010, the Defendant stated that, within the “G’s office operated by the Victim D, who is in the F of Asan City F, the Defendant would establish a game machine to produce the game machine by setting up a company selling and leasing the home game machine. The Defendant would exclusively supply the game machine at low prices if the costs to produce the game machine are invested.”
However, at that time, the Defendant was unable to pay the wages to the employees of the company operated by the Defendant, and there was no intention or ability to use the said money for producing a game machine, etc., even if the Defendant received money from the victim for the purpose of paying personal debts or paying money borrowed from many people under the pretext of the development of the game machine, because the amount claimed by H due to a copyright violation, etc. from a Japanese game development company was seized by being subject to a lawsuit equivalent to approximately three billion won.
Ultimately, the Defendant, as above, belongs to the victim on June 1, 2010.