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(영문) 서울서부지방법원 2017.09.08 2016고정1034
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant was requested by Ulsan C real estate representative D to publicize the above company on July 3, 2015 and deposited KRW 15 million as a campaign agent for public relations around July 3, 2015.

Since then on July 2015, the defendant called the victim F, who is the author of the Seocho SBS franchise "E", and there is a broadcast item distance.

On July 20, 2015, the D representative operating real estate contributed to the above program to promote D companies, and entered into a sponsor agreement to deposit 8.8 million won in the victim's account within 3 days from the date of concluding the contract.

However, the Defendant, from July 9, 2015, used the above 15 million won from D as his living expenses, rent, debt repayment, etc. from around July 9, 2015, and the victim did not have any particular property and did not have any intent or ability to pay the price to the victim even if the victim taken the above D and made a public relations broadcast.

Nevertheless, the defendant deceivings the victim as if he were to pay the full amount, and has the victim be subject to it.

G. Along with SBS’s broadcasting of the above D’s promotional broadcast, the said broadcast obtained pecuniary benefits equivalent to the above amount.

2. Determination

A. The following facts are acknowledged according to the evidence duly adopted and examined by this Court.

1) From March 2014, the Defendant has been engaged in advertising agency business with the trade name “I” as Seoul Mapo-gu H and 107.

The victims are SBS E Lypho Lypists.

2) On July 2, 2015, the Defendant entered into a contract for public relations activities with D companies, the representative of Ulsan J Real Estate (the real estate C as stated in the facts charged, appears to be the clerical error of J real estate) on behalf of the Defendant, and received KRW 15 million from D on July 3, 2015 as the agency expenses for public relations activities.

3) After that, the Defendant proposed a cooperation agreement with the victim that the victim would contribute D to the above program and pay the broadcast cost (ced.e., cooperation) to the company by promoting the program.

4) The aggrieved person is entitled to contribute D broadcasting to the Defendant.

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