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(영문) 서울중앙지방법원 2017.06.29 2017고단1150
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the head of F, Inc. F, the head of a household and art seller of E from May 2009 to March 2015, who is in charge of all business affairs, such as household revenues, distribution, marketing, advertisement, etc. from Switzerland design-based household companies.

When taking charge of the business of selecting the company's product advertising company, the Defendant knew that there is no difference in advertising fees in the case of direct trading with the company's advertising media or trading through the company's advertising agency, the Defendant conspired as if requested to advertise the company through the company's disguised advertising agency on the ground of the disguised advertising agency, thereby receiving the commission fee from the company's advertising media companies.

The Defendant established “I (Change to J around October 2013)” as a disguised advertising agent by lending the name of H, a person in charge of transaction, and then requested the advertisement as if the Defendant was acting on behalf of the Defendant, a media-based victim company, Donggdong company, an advertising media-based company, even though the Defendant was merely an agent of this disguised advertising agency, and did not actually engage in the advertisement agency.

Around June 7, 2012, the Defendant: (a) by deceiving the said victim; (b) received KRW 495,000 from the said victim to the national bank account in the name of “I”; (c) and (d) received the money of KRW 495,00 from the said victim; and (d) received the money of KRW 27,802,50,00 from the victim’s seven advertising media companies from September 11, 2014, as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, K, and L;

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

1. In full view of the above evidence, the Defendant, as an employee of F Co., Ltd. (hereinafter “F”), is in charge of the business of directly selecting an advertising media company that advertises F’s products and concluding an advertising contract.

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