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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

The Defendant, on October 31, 2012, was changed from the first floor of the Gangnam-gu Seoul building, to Da Co., Ltd. (hereinafter “D”) on February 3, 2014, with the trade name of “C” (hereinafter “C”). Around October 31, 2012, the trade name was changed from the Defendant’s C office.

Between G and G with respect to the production of the “F” program that the Defendant is expected to produce and broadcast, the Defendant entered into a “F program cooperation agreement” with the content that: (a) paid KRW 100 million to D on the pretext of the sponsored loan until November 30, 2012; and (b) notified C of the fact that C consents to the “F” program as a caption; (c) even though D performed the contract as agreed upon, it did not pay the sponsored loan until November 30, 2012, the Defendant paid the sponsored loan; and (d) at the request of G around December 7, 2012, there was a fact that the period for paying the sponsored loan from C office to December 27, 2012.

The Defendant, a representative director of G (hereinafter “H”) acquired a claim of KRW 100 million against D with respect to H, and filed a lawsuit against C seeking the payment of KRW 100 million with the Seoul Central District Court around February 15, 2013, the Defendant filed a claim for the payment of KRW 100 million with the Seoul Central District Court. In order to avoid the payment of KRW 100 million, the Defendant filed a complaint against G as fraud.

On July 26, 2016, the Defendant filed a complaint with the Seoul Central District Public Prosecutor's Office (hereinafter referred to as the “Seoul Central Public Prosecutor's Office”) under the Seoul Central Public Prosecutor's Office (hereinafter referred to as HAD), stating that “The Defendant, using two corporations of H and D, by deceiving G to enter into the scam contract to submit the scambling contract to the broadcasting company,” and thereby, submitted a letter of complaint that “A shall take over KRW 100 million from D and obtain money by filing a lawsuit.”

Accordingly, the defendant is subject to criminal punishment against G.