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(영문) 수원지방법원 평택지원 2013.04.18 2013고단275
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is a member of the business belonging to the former B company during Ansan-si.

On April 19, 2012, the Defendant found in the E-sports hall operated by the victim D in Pyeongtaek-si C and the third floor, and did not have the ability to set up a standing signboard even if the Defendant received advertising expenses from the victim, and falsely stated that “Korea is an entity that entered into an advertising agency contract with the YAC located in Songmo-gu, and an advertising agency contract with the victim, and if the advertising fee is KRW 600,000,00,000,000,000,000,000,00

On April 27, 2012, the Defendant prepared an advertising contract with the victim and received KRW 20,000 as the down payment in the same place. On April 27, 2012, the Defendant received KRW 280,000,000 from the company bank account in the name of the Defendant and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. F's statement of the suspect interrogation protocol of the defendant by the prosecution

1. Part concerning D's statement among the police interrogation protocol against the defendant

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a product purchase advertising contract and a certificate of results of electronic financial transfer;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Although the suspended sentence under Article 62(1) of the Criminal Act has been sentenced to a fine for the same kind of crime or a suspended sentence for the defendant, the sentence shall be determined by taking into account the various sentencing factors, such as the fact that the defendant recognizes the crime and reflects the fact that the defendant would have returned the amount acquired by the victim, and the suspended sentence shall be sentenced.

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