1. Around January 3, 2013, the Defendant stated to the effect that, at the (ju) EE office operated by the Defendant located in the Guro-gu Seoul Metropolitan Government DD building 406, the Defendant would develop a smartphone game display room called “G upon payment of development costs” to the victim F. However, as of December 31, 2012, the Defendant was in arrears with taxes of 48,662,720 won as of December 31, 2012, and the Defendant was in arrears with taxes of 33,260 million won. The Defendant was unable to operate the company normally, such as wages in arrears to the employees of the said company, 21,938,180 won, and the Defendant did not obtain the software development plan from the victim and could not receive the aforementioned additional manpower from the victim under the name of 100,000 won as of March 31, 200, and thus, the Defendant did not know the victim’s intent to develop the company’s game program as above.

2. Around March 12, 2013, the Defendant stated to the effect that “When paying the development cost, the Defendant would develop a smartphone game software application with “H” by August 31, 2013. However, as the Defendant was unable to operate a company normally due to the same circumstance as the indicated in paragraph (1), the Defendant did not have an intent or ability to develop the said game program properly with the victim. Nevertheless, the Defendant, by deceiving the victim as such, obtained KRW 24,258,000 from the Defendant’s account in the name of EE (SC) bank in the name of development cost, and acquired KRW 24,258,00 for the purpose of development cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Some statements of the suspect interrogation protocol of the accused by the prosecution and the police interrogation protocol;

1. Statement to the prosecution of I;

1. Statement to J police officers;

1. E-mail output (36 to 39 pages of evidentiary records);

1. The current status of the payment of wages in arrears, each summary order;

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act (Appointment of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

Reasons for sentencing

【Scope of Recommendation】

The basic area of fraud (general fraud) (type 100 million won): 6 months to 1 year and 6 months

【Special Convicted Persons】

None

【Determination of Sentence】

In light of the circumstances leading to the instant crime, the scale of damage and whether damage were recovered (no damage is recovered), and other various sentencing conditions revealed in the proceedings of the instant case, including the Defendant’s age, character and conduct, criminal records, and circumstances after the crime, the sentence of imprisonment with prison labor as ordered was to be imposed against the Defendant.