A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

The Defendant is the actual operator of E Co., Ltd., Ltd., a manufacturing company of “C”, and a sales and construction company.

On January 18, 2011, the Defendant stated to the effect that “The advertising agency business operator, the representative of the victim G Co., Ltd. (hereinafter referred to as “victim”) (hereinafter referred to as “victim”) in the E Office, the Defendant would make an advertisement of the C products sold in the company E in the KBS broadcast, etc. from January to June 6, 201, KRW 110,000 per one time of the advertisement, and pay it in cash on the following month of each month.”

However, in fact, D and E did not have an intent or ability to pay advertising fees even if they requested advertising to the victimized company, because they were unable to pay employees' benefits and national taxes in time, business performance was difficult to the extent that they were unable to pay them in time, and there were still remaining unpaid debts, such as not paying advertising fees for the previous newspaper companies.

As above, the Defendant, by deceiving the representative H of the victimized company, entered into a broadcast promotion advertisement agreement with the victimized company E, and had the victimized company transmit the advertisement to C in the KBS broadcast program, etc. from January 201 to June 201, 201, thereby obtaining economic benefits by forcing the victimized company to vicariously transmit the advertisement to C in the KBS broadcast program, etc.

Summary of Evidence

1. Legal statement of the witness H;

1. A protocol concerning the suspect examination of the accused;

1. Copy of the sponsors agreement;

1. A copy of a letter of commitment to approve advertising expenses;

1. Application of Acts and subordinate statutes to a copy of a letter of undertaking to pay advertising expenses;

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

1. The instant crime committed from June to June of imprisonment with labor (based on recommendation and sentence), 6 months to June of the year (based on fraud, type 1) / imprisonment with labor / August 8, is an intention to pay advertising fees by abusing the basic commercial trust relationship.