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

Punishment of the crime

1. 사기 피고인은 2012. 8.경 서울 강서구 등촌동 소재 강서구민올림픽체육센터의 C동호회를 통하여 평소 스마트폰 어플리케이션 개발에 관심이 있던 피해자 D를 소개받아 알게 된 후, 2012. 10.경 같은 동 소재 상호불상의 호프집에서 피해자에게 “내가 아이팟터치 개발 때인 2010년 초부터 스마트폰 어플리케이션을 개발한 1세대이다. 통상 어플리케이션 개발에 한 개당 500만 원 정도가 드는데, 특별히 200~300만 원 정도에 만들어 주겠다.”, “어플리케이션 개발에 기본적으로 필요한 장비 및 인증서 구매 비용 등은 인건비와 상관없이 제공해 주어야 한다.”라는 등으로 말하였다.

However, the defendant did not have the ability to complete the development of the smartphone display case required by the victim, and even if he received the money from the victim, he was thought to use it as living expenses and entertainment expenses, and there was no particular property or income, so there was no intention or ability to return the money received from the victim if it is unable to develop the smartphone display case.

On November 6, 2012, the Defendant received 2,840,000 won from the victim to the NongHyup Bank account in the name of the Defendant, as well as received 2,840,000 won from the victim, from around that time to March 8, 2014, the Defendant received 80 times a total of KRW 134,428,59 won from the victim under the name of the server cost, registration cost, labor cost, and venture association cost, such as the list of crimes in the attached Table from around that time to around March 8, 2014, and received property by deceiving the victim.

2. The Defendant registered with the Venture Association around August 2013 in order to know D while receiving money for the development of smartphones, as described in the foregoing paragraph 1., with a view to understanding D in the course of receiving money for the development of smartphones, as described in the foregoing paragraph 1., and thereafter D.