A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The defendant is the actual operator of D Co., Ltd., a film producer.

On July 8, 2013, at the above D office located in the building in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant required 5 billion won in the production of film “G” to the victim F, and 4 billion won in investment has already been finally determined.

1 billion won was invested, the film production will begin immediately, and the investment amount will be used only for the production cost of the film, and the principal and the profit will be paid by producing the film.

The facts charged are also stated in the Defendant’s specific deception that “the Defendant was determined to contribute a well-known worship, such as H and I.” However, as seen later, there is no evidence to support the Defendant’s deception of the victim regarding the raising of contribution, and this part is excluded from the facts charged.

However, the Defendant did not appear to have been able to commence the production of “G” film even if the Defendant invested KRW 1 billion from other investors because it did not have received any investment from other investors, and was expected to spend part of the victim’s investment funds as the investment funds for J-Sale Business in the state of strike, the Defendant’s promotion expenses for K public relations with the president, etc. Accordingly, the Defendant produced the said film and did not have any intent or ability to pay the principal and profits to the victim.

On July 8, 2013, the Defendant deceivings the victim as above, and acquired a total of KRW 500 million from the Defendant’s damage to the national bank account (Account Number M) in the name of his wife, and KRW 500 million from the bank account (Account Number N) in the name of D Co., Ltd. on August 5, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F,O, and P;

1. A’s e-mail (see, e-mail, July 5, 2013), a motion picture production portion investment contract, liquidity transaction details, an inquiry into the details of an investment contract, a motion picture production portion additional investment contract, a certificate of monetary consumption lending and borrowing contract, a photograph of Defendant’s operating organization’s signboard, and motion picture