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(영문) 서울서부지방법원 2018.10.10 2018고정457

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 11, 2016, the Defendant stated that “A vehicle racing program is to be supplied to the Chinese artistic broadcast, namely, “A, creating a vehicle racing program, and will be provided by exposing a vehicle back to a broadcast by the victim’s re-satisfed vehicle.”

However, in fact, the Defendant did not have sufficient funds to produce programs at the time, and the investors did not secure, so even if he received funds from the injured party, the Defendant did not have the intent or ability to use the victim's vehicle in photographing the program, and was thought to use the money received from the injured party as the personal necessity expense for the Defendant.

Nevertheless, the defendant deceivings the victim as above and transferred 3.3 million won to the E bank account in the name of D Co., Ltd. from the victim.

2. On May 12, 2016, the Defendant made a telephone call with the victim to the effect that “H,” while making a joint broadcast with F of Korea, he/she called “H,” and the Defendant said that “on the face of the vehicle-concepted expenses, he/she would expose the victim’s re-concepted vehicles to broadcast.”

However, in fact, the Defendant did not have enough funds to produce programs at the time, and the investors did not secure, so even if he received the subsidy from the injured party, he did not have the intent or ability to use the victim's vehicle in photographing the program, and was thought to use the money received from the injured party as the Defendant's personal debt repayment, etc.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) transferred the sum of KRW 3 million to the I bank account under the name of the Defendant from the victim; (c) KRW 1 million around May 13, 2016; (d) KRW 420,000 on May 31, 2016; and (e) KRW 420,000 on June 1, 2016; and (d).

3. On January 201, the Defendant, while making a telephone call with the victim, from the beginning of February, 201, “D., jointly broadcasted among Korea and China,” which took place from the beginning of February, 201.