A defendant shall be punished by imprisonment with prison labor for up to six months.

Criminal facts

1. On January 3, 2013, the Defendant stated that “Around January 3, 2013, the Defendant would develop a smartphone game display room called “G” by March 31, 2013 at the (ju) EE office operated by the Defendant, located under the Guro-gu Seoul Metropolitan Government D building 406.”

However, as of December 31, 2012, the Defendant failed to pay taxes equivalent to KRW 48,662,720 as of December 31, 2012, and the Defendant paid 33,260,000,000 to the above company’s employees, and was unable to operate the company normally due to the impossibility of operating the company’s wage in arrears to KRW 21,938,180,00; the Defendant failed to secure human resources to implement the software program development plan requested by the victim; and as such, the Defendant was unable to assign additional human resources for development due to the economic situation of the company, at that time, the victim did not have any intent or ability to develop the above mobile phone game program properly.

Nevertheless, on January 3, 2013, the Defendant received total of KRW 11,000,000 from the victim to the corporate bank account in the name of the Defendant, and acquired KRW 11,00,000,000 from the victim to the same account around January 16, 2013.

2. Around March 12, 2013, the Defendant stated that “When paying the development cost, the Defendant would develop a smartphone game display which called “H” by August 31, 2013” to the said victim at the place indicated in paragraph (1).

However, as the defendant was unable to operate a company normally due to the circumstances such as the statement in Paragraph 1, the defendant did not have the intent or ability to develop the above mobile phone game program properly to the victim.

Nevertheless, the defendant deceivings the victim as such, and is also developing expenses from the victim.