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(영문) 광주지방법원 목포지원 2016.10.11 2016고단816
사기
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A defendant shall be punished by imprisonment for six months.

The defendant shall pay 25,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

【Criminal Power】 On July 16, 2015, the Defendant was sentenced to a suspended sentence of 6 months for criminal fraud in the branch court of the Gwangju District Court, and the said judgment became final and conclusive on July 24, 2015.

【Criminal Facts of Crimes】 On August 2014, the Defendant agreed to enter into an investment agreement with the victim and D at the office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, according to the victim B’s proposal, and invested to the victim and D in return for the payment of KRW 25 million, the Defendant would foster the game character on the part of the online game, produce cyber money, prepare cash through the game item transaction site, and pay KRW 100-1.5 million each month for the dividend.

“........”

However, even if the defendant receives investment money from the victim, the defendant did not have the intent or ability to pay dividends of KRW 10 million to the victim each month.

The Defendant received from the victim a transfer of KRW 5 million, from the victim, to a new cooperation account in the name of the Defendant, in total, of KRW 25 million, around August 16, 2014, around KRW 17 of the same month, and around KRW 18,00,000,000 from around the 16th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of passbook transactions;

1. Before judgment: Application of a certified copy of the judgment, criminal records, and investigation reports (the latter part of Article 37 of the Criminal Act concurrent crimes);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The sentencing criteria shall not apply to concurrent crimes with the reasons for sentencing under Articles 25(1) and 31(1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Declaration of Provisional Execution.

The fact that the defendant recognized the facts charged in this case and reflected it is favorable to the defendant.

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