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(영문) 인천지방법원 부천지원 2018.12.20 2018고단1853
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is the representative director of the Co., Ltd. E, a corporation running the business of producing and transmitting documentary programs in the C channel (hereinafter “D”), among the Internet television channels operated by the Defendant Company B.

On December 2, 2016, the Defendant: (a) sold KRW 1 million per day when sending personal advertising broadcasting to G operator H, a corporation that runs social advertising at the office of Gangnam-gu Seoul F4, Seoul, and (b) G operator, a corporation that runs social advertising, “D, sent from our company I to “D”; (c) the Defendant sent personal advertising broadcasting to the “D” sent from our company.

In addition, around March 2017, J, K, and LIPTV were released “D” and sold up to two to three times.

1 The false statement was made that the deposit amount of KRW 200 million was changed on condition that the initial advertisement is conducted 24 times a day every 10 minutes.

However, even if the victim sent advertising to the “D” channel, the monthly sales was limited to KRW 1 million and it was impossible to generate a daily sales of KRW 1 million. Around March 2017, the “D” channel was not planned to be sent to other IPTV, and approximately KRW 400 million was under pressure from the sender M continuously from the sender M, and there was no intention or ability to send the “D’s social broadcasting” broadcast.

Nevertheless, the defendant deceivings the victim as above and acquired 200 million won as the deposit deposit for advertising transmission from the victim on December 23, 2016 from the victim to the N bank account under the name of E Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H andO;

1. An investigation report (Attachment of details of unpaid charges), an investigation report (Submission of data related to unpaid charges), and an investigation report (Analysis of details of E-Sales Taxation for Stock Companies submitted by the person under investigation);

1. Advertising broadcast contract and deposit certificate;

1. The net sales table, sales table, and D sales statement;

1. Official notices demanding the payment of transmission fees and official notices demanding the payment of transmission fees;

1. Customer director and details of unpaid charges;

1.Each.

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