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(영문) 서울중앙지방법원 2019.11.26 2019고단3337

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

According to the evidence submitted by the prosecutor, the remittance of money is only victim E, and the facts charged are rhyd.

The defendant is a person operating the entertainment planning company B, and C is a music, drama, etc. under the jurisdiction of D, and the victim E is a mother of C.

1. On October 15, 2015, the Defendant told the victim and C at the coffee shop near the Gangnam-gu Seoul, Gangnam-gu Seoul Metropolitan Government, that “B is a groman and B representative director. When paying down KRW 100 million, the Defendant would enter into a list contract with C and contribute it to a large number of movies and advertisements, and make it possible to offset all the down payment paid within six months or one year, and to impose a lot of profits.”

However, in fact, the Defendant was unable to pay employees' wages because of the continued management of the company in a normal state, and even if the Defendant concluded a list contract with C with C and received the money, it was thought that it would be used as employees' benefits, personal debt repayment, office operating expenses, etc. Therefore, the Defendant did not have any intent or ability to use the money paid by the victim for the entertainment activities and contribution of C or contribute the money to Drama, film or advertisement.

On October 15, 2015, the Defendant acquired KRW 50 million in total from the victim’s bank account (F) on October 15, 2015, and acquired KRW 50 million in total from the said account on October 30, 2015.

2. Around November 10, 2015, the Defendant called “Around the end of December 2015, if the Defendant leased KRW 15 million to the victim with an urgent need to pay money in connection with C’s work.”

However, in fact, the defendant was unable to pay the employee's wages because it is difficult to operate the company normally in a timely state, and his personal debt also exceeds 13 million won.