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(영문) 수원지방법원 2016.11.18 2016고단3538
사기
Text

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

Reasons

Punishment of the crime

Around July 15, 2014, the Defendant is the representative director of C, a company engaged in the development, production, and distribution of computers and mobile software, and around July 15, 2014, at the office of “F” operated by the victim E in Seocho-gu Seoul Metropolitan Government, and the victim known to the members of the same church, “stock company C engages in an advertisement business producing LROM for advertising in C, and paying profits using advertising fees. The Ministry of National Defense entered into a national defense newspaper and an understanding note, which is an affiliated organization of the Ministry of National Defense, and accordingly, is expected to enter into a contract for the installation of L CD for advertising with veterans hospitals, etc. Accordingly, the Defendant is promising to engage in the business. Around July 15, 2014, the Defendant is entitled to receive advertising fees of KRW 5 million from the 2 million per month of the production cost to the amount of KRW 5 million per advertising advertisement fee. If an investment is made, 50% of advertising fees will be paid as profits from investment without framework

However, at the time, the national defense prior to the signing of the statement of understanding with the Defendant is not a related agency of the Ministry of National Defense. However, there was no authority to set up or arrange to set up a CD for advertising at a veterans hospital or a veterans hospital cooperation hospital. The content of the above statement of understanding was merely intended to help the owner of the advertisement. In addition, since C, which was operated by the Defendant, was not requested to set up an advertising CD in a conclusive manner, there was little possibility that C would not have to pay the return of investment to the victim by setting up the L CD for advertising at a demand center, and the Defendant also did not have any intent or ability to pay the amount equivalent to the investment profits to the victim because it was economically difficult at the time, such as there was a debt exceeding KRW 60 million at the time.

The Defendant, as such, deceiving the victim, and under the pretext of investment in the business of producing and installing L CDs for advertising from the victim, the Defendant would incur KRW 50 million around July 15, 2014, and the same year.

8. around 27.27.3 million won, January 28, 2015.

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