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(영문) 서울고등법원 2016.06.15 2016노1148
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the facts charged in the instant case, the lower court’s judgment, and the grounds for appeal were as follows: (a) the Defendant, from November 1, 201, changed the part concerning the victim C to G, which was established for the purpose of Internet service business, etc. from around November 27, 201.

A person who has been engaged in the mobile Messen development business, etc. while operating the "G" in substance before and after the change of trade name.

On July 7, 2012, the Defendant, at the F Office of the F Office of the Victim Operation Co., Ltd. in Gangnam-gu Seoul Metropolitan Government, developed the app as a closed mar for a period of two years, and there is a value of KRW 20 billion as at the present time, which is operated by the Defendant in relation to the app.

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 D App is not directly developed by the defendant, but is developed by providing services equivalent to KRW 300 million to H specialized in software outsourcing development, and the LAB is merely a corporation established by borrowing KRW 300 million from I attorney and borrowing KRW 500 million among them, and will 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, it is not possible.

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