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(영문) 서울중앙지방법원 2018.03.28 2017고정3862
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative of the entertainment planning company B, and the respondent C is the father of the Aarray D.

On May 27, 2017, the Defendant entered into a management agreement on D’s entertainment activities at the office of the Korean entertainment planning company located in Gangnam-gu Seoul, Seoul, for the purpose of paying the amount of protopy photographs and the down payment under the name of the cost of management of protopy.

However, even if the defendant receives money from the petitioner, he did not think that the defendant will proceed with the management and transfer of the material or to take protogram photographs.

Nevertheless, it was delivered 850,000 won in cash from the petitioner on the same day and at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C;

1. Application of B-affiliated contract, cash receipt Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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