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(영문) 서울중앙지방법원 2016.04.21 2014고합1523
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim C, the summary of the facts charged is a person who actually operated the company D established for the purpose of Internet service business from November 1, 201 for the purpose of Internet service business, etc. (hereinafter referred to as the "Corporation D") and has engaged in mobile sensing development business, etc.

On July 2012, 2012, the Defendant, at the (ju) F office of the victim's operation in Gangnam-gu Seoul Metropolitan Government, developed the app to the victim as a closed shot for two years, and (ju) D in relation to the app, which is operated by the Defendant, has a value of 20 billion won at the present.

The technical value is 12 billion won, and there is a company that will purchase 17 billion won in the United States.

In the past, the amount of KRW 3 billion was calculated to develop apps, but if the total D shares are calculated to be KRW 10 billion and KRW 500,000,000, 500,000 will be able to pay more than the value of the shares in the future.

D Development of apps and issuance of G Apps, and the current number of members is 50,000 persons and continued to increase.”

However, the above app was not directly developed by the defendant, but was developed by providing services equivalent to KRW 300 million to H specialized in software outsourcing development, and it was merely a corporation established by borrowing KRW 300 million from I to 50 million among the corporations established by I to acquire KRW 17 billion without giving up the value of KRW 20 billion.

The company did not have any other company, and there was no 50,000 members of the company, and there was no increase in the number of members, and even if the company received money from the injured party, it was thought that it will be used individually by granting the defendant's wife or women with living expenses, etc., and there was no thought to use it in the app development. Therefore, there was little possibility that the value of the company was increased.

Nevertheless, the defendant deceivings the victim as above and thereby, he/she is suffering from the damage.

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