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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
[Criminal Power] On July 14, 2011, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and the said judgment became final and conclusive on September 23, 2011.
【Criminal Facts】
On August 2009, the Defendant tried to produce a film called “AF” at the office of the Victim Dispute Resolution Co., Ltd., which is operated by Youngdong-gu, Youngdong-gu, Youngdong-gu, Seoul Special Metropolitan City, and D, and D. If the scenario purchase cost is invested in KRW 60 million, the Defendant would make a film and pay the principal along with the profits.
However, in fact, the Defendant intended to use most of 60 million won invested from D to purchase scenarios for personal purposes, such as restaurant operation expenses operated by the Defendant. At the time, the Defendant did not have been invested from funds invested or invested distributors, etc. for the production of the said film, and there was no intention or ability to pay D or victims of the said film with the principal and profits.
Nevertheless, the Defendant, as such, by deceiving the representative D of the victim company, received KRW 60 million from the victim on September 30, 2009, KRW 10 million on October 21, 2009, KRW 5 million on October 30, 2009, KRW 10 million on October 30, 2009, and KRW 15 million on January 13, 2010, respectively, and acquired KRW 5 million on March 26, 2010 from the H bank account in the name of the LAB bank.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness D and I in part;
1. The defendant's partial statement and statement D and I in each protocol of examination of the defendant by the prosecution against the defendant;
1. Details of account transactions, replies to requests for each information on financial transactions, investigation reports (the results of analysis of details of account transactions of suspects);
1. Previouss before ruling: Criminal records and criminal investigation reports (componment of suspect-related decisions) defense counsel's assertion, and defense counsel's defense counsel's creation at middle school of the defendant, and the victim company is practically the victim company.