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(영문) 서울중앙지방법원 2017.09.28 2016고단7024
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 20, 2015, the Defendant established a company D (Representative Director C) for the purpose of developing game content with C on January 20, 2015 and worked as an internal director.

On June 29, 2015, the Defendant requested on June 29, 2015, C to transfer KRW 5,415,700 to the account in the name of E (IBKF) (IBKF) who is a work employee, while engaging in the work of paying out-of-the-counter services for a game content to be supplied to Plas, Inc., a corporation that entered into a supply contract at that time.

However, the above E is a person not related to the progress of game contents services, and the defendant knew to the general public for the use of money as a remittance account for the use of money under the pretext of service by deceiving C.

G was a person who sent E identification card and a copy of passbook to C through a copy.

As above, the Defendant acquired KRW 5,415,70,00 on June 29, 2015 from C, which believed that he would induce C to pay the actual game content outsourcing services, from Korea on the part of June 29, 2015, from Korea bank account (H and deposit holders) and acquired KRW 108,465,320 in total on 15 occasions from October 8, 2015 through the same method, such as the transfer of KRW 5,415,70 in the name of the said E, from October 8, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, E, G, I, and J;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each protocol concerning the examination of a police officer in relation to E, K, J, L, I, M, or N;

1. Statement made by the prosecution against C;

1. Statement of the police statement related to G;

1. Certified copies of the corporate registry, shareholders list, inquiry of past transaction details, Kakao Stockholm conversation content, Bank passbook E: head of Tong/Ban: copy of each resident registration certificate, passport copy, copy of each driver's license, national bank passbook: P, flass payment, summary, each official receipt, each deposit transaction details, or account transaction details, and the application of statutes on separate account transaction.

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