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(영문) 수원지방법원 성남지원 2016.03.18 2015고단2615
사기
Text

A defendant shall be punished by imprisonment for not less than one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 4, 2010, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for violating the Labor Standards Act at the Seoul Southern District Court on May 4, 2010, and the judgment became final and conclusive on May 12, 2010.

Criminal facts

The defendant, as the representative director of C, has overall control over the management of the company and the development of games.

around May 2008, the Defendant requires approximately KRW 300 million as development funds to develop “F” online game “F” to the victim E at a corporation office located in Gangnam-gu Seoul Metropolitan Government D around May 200.

Upon borrowing KRW 200,000 in cash, 128,000 in stocks C Co., Ltd. shall be transferred free of charge, and 3,00,000 won shall be paid monthly interest, and the borrowed amount shall be repaid in cash after one year.

“The phrase “ was false.”

However, the defendant did not have the intent to borrow the above borrowed money from the injured party to pay it to the employees at a monthly rate. The defendant did not have the intent or ability to use the above borrowed money as the online game development fund.

On July 14, 2008, the Defendant received the check of KRW 200 million from the injured party, and around October 25, 2008, transferred 30 million to the national bank account (G) in the name of the Defendant, and received transfer of KRW 20 million to the same account on January 23, 2009, and received KRW 250 million in total on three occasions on three occasions as a loan account.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol made by the police with regard to E;

1. Application of Acts and subordinate statutes of 209 order and text of the judgment (209 order and 4382) to inquire about a copy of a loan certificate, a copy of a deposit certificate, a certificate of deposit transaction, a certificate of deposit transaction (A) / (A) of inquiry about criminal history, etc.

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (a comprehensive provision).

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