A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

A. As to the fraud against the victim M in the judgment of the court below, the court below found the defendant guilty of the fraud in this part of the judgment of the court below, despite the fact that the victim M was accused by the defendant and did not have paid 156 million won to P on behalf of the defendant as stated in the judgment of the court below, since there was no damage.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is unreasonable.

2. Determination

가. 사실오인 주장에 대한 판단 (1) 피해자 M에 대한 사기의 점의 공소사실의 요지 피고인은 2012. 8. 31.경 서울 강남구 N에 있는 ‘O’ 커피숍에서, 피해자 M에게 '내가 탤런트 P에게 가지고 있는 모델료 관련채무 1억 5,600만 원을 대신 갚아주면 2012. 9. 30.까지 1억 6,800만 원을 변제하고, 만약 변제가 지연될 경우 피고인이 대표로 있는 주식회사 F의 주식 46%를 이전하고, 사무실에 피해자 직원 1명을 정식으로 채용하여 회사 자금을 관리할 수 있도록 해주겠다.

"Finally false."

However, the Defendant did not have the intent or ability to repay the debt even if he borrowed money in excess of the debt at the time, and even if the repayment was delayed due to the absence of F's shares, it was impossible to transfer shares, and it was impossible to employ the victim's employees to have the company manage the company's funds.

The Defendant had the Victim pay 56 million won on the same day to P;

9.1.1. 10 million won, etc., which is a sum of KRW 150 million, exempted the payment of the above debt, thereby acquiring property benefits equivalent to the above amount.

(2) The lower court found the Defendant guilty of this part of the facts charged in accordance with the evidence of the lower court’s judgment and the investigative agency’s statement.

(3) However, according to the evidence duly admitted and examined by the lower court and the first instance court, such as the legal statement of P and AL party, etc.