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(영문) 서울남부지방법원 2019.07.24 2018고단6846

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal power] On June 23, 2016, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Southern District Court, and completed the execution of the above punishment on December 21, 2016.

【Criminal Facts】

The Defendant, around September 27, 2017, at the Seoul Special Metropolitan City Special Metropolitan City, the Seoul Special Metropolitan City Special Metropolitan City Specialized Company B building and the D office for the Defendant’s operation of the Defendant, “The “F” in the mobile game display room, which was developed within the country, is expected to be withdrawn from the country through G 20 days after the completion of the present period. However, if it is necessary to operate the company, the Defendant would pay the investment principal and profit by receiving subsidies from H, etc. on or around December 2017 when the company is running the games.”

However, in fact, the Defendant did not have completed the development of “F” game software at that time, and was in a state where development was interrupted due to technical problems, and there was no intent or ability to pay the principal of investment and profits to the victim by the due date.

Accordingly, around October 20, 2017, the Defendant: (a) by deceiving the victim as above; (b) received KRW 1 million in cash as investment in a restaurant near the office of the Dispute Resolution Co., Ltd.; and (c) received KRW 1 million from the corporate account of Han Bank Co., Ltd. on the same day; and (d) received KRW 3,533,00 won in total from the victim until December 6, 2017, as indicated in the separate crime list, from around that day to December 6, 2017.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Statement to E by the police;

1. Details of transfers and a statement of payment for suspect A;

1. Suspect A J letters received;

1. Each investigation report (related to telephone conversations of a suspect / Submission of suspect data / Statements related to the A server room of a suspect / Non-performance of a suspect A's undertaking);

1. Previous records of judgment: Criminal records, inquiry reports (A), the same criminal records of suspects A, summary orders, and attach written judgments;