A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On January 31, 2016, the Defendant, at the E office operated by the victim D in Gangdong-gu Seoul Metropolitan Government around January 31, 2016, contributed “F” to the victim’s “10 million won by contributing the victim’s “F” to the public frequency broadcast once and twice in the cable broadcast.

If “F” fails to contribute to broadcasting by April 20, 2016, the amount of KRW 10 million will be refunded.

“The purpose of this is to make a false statement.”

However, the Defendant thought that “F” was used for personal purposes, such as living expenses, as well as that there was no capacity or intent to make the Defendant contribute “F” to broadcast, and there was no intention or ability to return the money received from the damaged person, since there was no special property or income at the time.

Accordingly, the Defendant, by deceiving the victim as above, received 10 million won as the consideration for broadcasting contribution from the victim, namely, a third bank account under the name of the Defendant, from the victim, to the third bank account under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Loan certificate and contract for transfer to broadcasting;

1. Statement of transactions;

1. The details of each text message [The following can be fully recognized by deceiving the victim as stated in the facts charged, in light of the relevant legal principles: (a) the Defendant’s re-power before and after the crime of this case recognized by the aforementioned evidence; (b) the progress of the business carried out by the Defendant; and (c) the place of use of money received from the victim]

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the amount of damage caused by the crime of this case is relatively small and that there is no record of punishment imposed by the defendant exceeding the fine);

1. The community service order under Article 62-2 of the Criminal Act;