A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 70,000,000 won to the applicant through fraud.

Punishment of the crime

The defendant is a person who has worked as a business director in the D Co., Ltd. of cosmetics manufactured and sold by the victim C.

피고인은 2016. 4. 경 서울시 강남구 E 빌딩 3 층에 있는 D㈜ 사무실에서 피해자에게 “D㈜ 가 CJ 겟잇 뷰티 방송에 출연하려면 방송 비로 1억 원, 위 방송 고위관계자에 대한 비자금 명목으로 1억 5,000만 원을 주어야 한다.

“A false statement” was made.

However, in order for the DB to contribute to the above broadcast, it is not necessary to pay funds to high-ranking persons in addition to the broadcasting cost of KRW 100 million, and the defendant was considered to use the defendant's personal debt repayment and living cost by receiving money from the damaged person under the pretext that the funds to be paid to high-ranking persons are necessary.

As above, the Defendant, by deceiving the victim and deceiving the victim, received a total of KRW 100 million from the victim on April 29, 2016, such as remittance of KRW 50 million, and KRW 50 million on May 11, 2016, under the pretext of funds to the high-ranking persons related to broadcasting.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Suspect A Data), and a detailed statement of passbook transaction;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The grounds for sentencing under Articles 25(1)1, 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution are heavy in light of the circumstances, method, degree of damage, circumstances after the crime, etc. of the instant crime;

I would like to say.

However, it is decided as ordered by considering the fact that the defendant deposited 30 million won for the victim, the fact that there is no record of punishment other than once the fine, and all other conditions of sentencing including the age, environment, etc. of the defendant.