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(영문) 서울북부지방법원 2018.03.14 2017고단1138

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is the head of the BDma production headquarters, a private individual who produces broadcast programs.

On February 27, 2015, the Defendant borrowed KRW 1.5 billion from H in relation to the production of the drama "G to broadcast in F broadcast" at the E office of the victim D Co., Ltd. operated in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to use KRW 1 billion for the production of the drama and the remainder of KRW 500 million for the preparation of other dramas.

I has directly decided to produce 20 sub-small divers of title 20 of the "K" with the cp J of the Drmama Republic of Korea.

First of all, drones who should enter into a contract with writers can be said to be our company.

The author borrowed money as soon as possible to enter into a contract with the author. It stated that H would pay the borrowed money immediately as the borrowed money is deposited.

However, the loan of H was not determined at the time, and H is being implemented only on the premise of the investment in the production cost of the broadcasting company. At the time, the first company did not intend to invest in the production cost of K, and instead, it is impossible to produce the drama in itself because it did not have any surplus funds in the stock company B, and therefore, H’s loan itself was not executed. Therefore, even if the Defendant received money from the injured party, there was no intention or ability to change it within the time limit.

Nevertheless, the defendant deceiving the victim as above and transferred eight million won to the L Bank account (Account Number M) account of the Co., Ltd. two times in the same day from the victim, and 30 million won to the same account on March 3, 2015; the same month;

9. The 10 million won was remitted to the same account on the 16th day of the same month to the same account, and the 12 million won was transferred to the same account on the 16th day of the same month, and acquired it through a total of 60 million won through four occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Copy of remittance receipt;

1. Letters on loans;

1. The defendant's assertion of the payment order and his defense counsel's assertion, and his judgment and defense counsel's assertion.