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(영문) 수원지방법원 성남지원 2013.12.20 2013고단1868

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is a person who operates the entertainment planning company B.

1. On May 2012, the criminal defendant against the victim C made a false statement to the victim C, stating, “A would contribute 30 million won to the victim’s husband’s wife to broadcast at a place in an irregular manner.”

However, the Defendant did not have the intent or ability to contribute to the broadcast, even if he received money, because the Defendant received money from the Defendant to pay his personal debt.

The Defendant received from the victim a total of KRW 30 million on May 30, 2012, the sum of KRW 10 million on May 31, 2012, KRW 500,000, and KRW 30 million on June 1, 2012.

Accordingly, the defendant was given property by deceiving the victim.

2. Around July 2012, the Defendant against the victim F made a false statement to the victim F, stating, “The victim F shall be cut to the MBC DRa in an afluence, to the LBC supervisor KRW 10 million, to the LBC supervisor KRW 10 million, to the MBC Deputy Director I, and to the MBC Deputy Director I, to the KBC Deputy Director I, to be given KRW 30 million, on the condition of the LBC caring.”

However, in fact, the Defendant did not have any intent or ability to contribute to the broadcast even if he received the money.

The Defendant received from the victim a total of KRW 30 million on September 18, 2012, a sum of KRW 15 million on July 27, 2012, KRW 5 million on September 6, 2012, and KRW 30 million on September 18, 2012.

As a result, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;