(영문) 서울중앙지방법원 2015.03.13 2014고단2000

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(영문) 서울중앙지방법원 2015.03.13 2014고단2000

사기

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 29, 2009, the Defendant concluded a content distribution contract with the victim company G at the victim’s employees’ office located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government (FN Entertainment) around May 29, 2009 on the sale of digital sound records of DH’s entertainment, and concluded a false statement with the said G to the effect that “The completion of KRW 30 million of H’s digital sound records by June 15, 2009 is to request for an advance payment to be paid KRW 30 million. If the completion of the sound cost is not possible, the advance payment will be returned.”

However, the Defendant thought that he would use advance payment received from the victim company as operating expenses of the company because the financial situation of D Entertainment at the time was very difficult, and unlike others, from June 15, 2009, the Defendant did not have any intent or ability to complete the sound content of H’s digital licensing or return advance payment to the victim company.

As such, the Defendant, by deceiving employees of the victim company, received KRW 30 million from the victim company as advance payment around June 3, 2009.

Summary of Evidence

1. Each legal statement of a witness G, I and J;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement G in the three-time police interrogation protocol against the accused;

1. Statement of the police officer to I;

1. Written Statement;

1. The content distribution contract;

1. The following facts or circumstances may be acknowledged in light of the aforementioned evidence: (a) the Defendant was unable to pay benefits to the employees due to the financial difficulties of the company at the time; (b) the Defendant provided the victim’s employees G with the so-called “the so-called “the so-called “H”-called “the so-called “the so-called “the so-called post-be” rather than the Defendant was aware of, and had the intent to, deception the Defendant; (c) however, the Defendant provided the victim’s employees G with the so-called “the so-called “the so-called “the so-called “the so-called post-be” program.

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