The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant is a person who runs a bail business with D’s representative director, and E’s brand.

On November 5, 2010, the Defendant prepared “F” to the victim G, who operated the beauty room in the name of “F” at the Gangnam-gu Office of Bankruptcy, Gangnam-gu, Seoul. Around November 5, 2010, the Defendant made a false statement to the effect that “E is preparing for the “F” goods to be broadcasted in Hyundai, Hyundai, CJ Home Shopping TVs, and that all of the pictures are decided, and will be aired in December. As the part of the Hague-based business among the goods of crowdfunding, the Defendant would enter into a contract with “F beauty room,” the Defendant made a false statement to the effect that he/she entered into a monopoly contract.

However, the Defendant did not prepare to broadcast the goods of the Defendant in the Home shopping, and even if having entered into a contract with the victim and received the money, the Defendant did not have any intent or ability to participate in the Home shopping’s goods.

Ultimately, the Defendant received a total of KRW 50 million from the victim on November 10, 2010, KRW 12 million on the same month, KRW 5 million on the 23th of the same month, as a national bank account in the name of D Co., Ltd., and KRW 25.13 million on the 25th of the same month from the victim to an enterprise bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Each police statement related to G and H;

1. Application of Acts and subordinate statutes as an exclusive association and an advertisement agency business alliance;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) (50,000 won per day) of the Criminal Act for the confinement of a workhouse;

1. The suspended sentence under Article 59(1) of the Criminal Act includes not only a fine not exceeding five million won, but also a single agreement with the victim, and the contents of the instant contract include not only the home shopping as indicated in the judgment, but also other contents such as the execution of drama indirect advertising agency.