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(영문) 서울남부지방법원 2019.08.14 2019고단1487
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, while developing a game app, “abridge, even so even”, experienced financial difficulties, and was able to obtain the victim B from a person who will invest funds through the surrounding land manager.

In February 2016, the Defendant made a false statement to the effect that “The Defendant, from October 2015, started developing the game from around April 5 to April 5, 2016, the commercialization of the game was expected to have been expected to have been KRW 200-50 million monthly advertising revenue if the game was commercialized, and there is no time to pay more than KRW 50 million, the Defendant would pay 20% of the profits from the investment, and return the investment principal within 15 days when it is impossible to pay the profits.”

However, the Defendant was thought to use part of the money received from the victim for the purpose of the existing debts or living expenses because there was no certain amount of money in the bad credit standing at the time. Since the game development or the career of completing the game has been difficult to complete the game development within a short period or secure the victim’s investment and earnings, even if the Defendant received the investment money from the victim, there was no intent or ability to return the agreed profits or the investment money.

Nevertheless, around February 29, 2016, the Defendant, by deceiving the victim as above, received a total of KRW 100,000,000 from the victim and received delivery of KRW 100,000,000,00 from the victim in a Buddhist area in Gangnam-gu Seoul, Seoul.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. The police statement concerning B;

1. Each investigation report (Attachment of Game Development Data / Attachment of Game Development Data / Attachment of Game Development Data / Reference Party C / Reference Party D / Reference Party E / Reference Party E / Reference Party F.

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