(영문) 서울북부지방법원 2013.12.11 2013고단1076

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(영문) 서울북부지방법원 2013.12.11 2013고단1076

사기

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The application for compensation order of this case shall be dismissed.

Reasons

1. The Defendant is a person who served as the representative director of E, a company specializing in the development and production 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 seen above, received KRW 20 million from the victim on June 10, 2010 from the victim, and received KRW 20 million from the victim on or around June 10, 2010, as indicated in the separate crime list, and obtained a total of KRW 79 million from around that time to August 10, 2010 from the victim and acquired it by defrauded.

2. Determination

A. (1) The facts of recognition (1) E Co., Ltd. (the Defendant of the representative director) has manufactured, sold, and leased the I Games, which is a juvenile game machine, and thereafter, the Defendant developed the J which is a juvenile game machine (hereinafter “J game machine”) and sold or leased it in entertainment rooms, etc. on March 31, 2010.

(2) The Defendant and D shall bear the cost of producing a game machine from May 2010 to June 2010.

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