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(영문) 의정부지방법원 2020.05.07 2019고단3520
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 a person who operates a model management enterprise under the trade name of Gangnam-gu Seoul Metropolitan Government B and C. D.

On May 2017, the Defendant made a false statement to the Defendant’s Company E office that “on the first time after deducting the fees agreed to receive from an advertising company and then paying eight million won each time after deducting the fees agreed to receive from the advertising company in 2017, the Defendant made a false statement to the staff in charge of advertising in the name of the victim E office.”

However, in fact, the defendant did not have any particular income due to the aggravation of the management of the company operated at the time, and was responsible for the liability of several million won to savings banks, capitals, loan companies, etc., and was thought to be used as the operating funds of the above company by receiving model fees from the large-scale advertising company, and there was no intent or ability to pay model fees to the victim company as agreed upon even if the victim company is provided with the model from the victim company.

As above, the Defendant, as indicated in the list of crimes attached to the victim company, by deceiving the employees in charge of the victim company, was provided by the victim company with advertising model service at the victim company’s model “H” whose total market price is equivalent to KRW 568 million from July 17, 2017 to January 2018, and acquired the same amount of monetary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of the contract, letter of commitment, electronic tax invoice, copy of passbook of a bank held in the name of the complainant, confirmation of remittance of model fees of the advertising company, order for service charges payment, judgment on service charges payment order, Korean translation of model contract, document of each account transaction with the suspect, document of conversation with the suspect, and the application of the law of the J-

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The Criminal Act, the suspension of execution;

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