A defendant shall be punished by imprisonment for one year.

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.

Punishment of the crime

[Presumption Facts] Around October 19, 2012, the Defendant, who operates an advertising agency E, entered into an advertising agency contract with F Co., Ltd. and “SB” (hereinafter “J”) to broadcast four times and indirect advertisements on F Co., Ltd. (hereinafter “PPL exposure, simple exposure”) at the request of SBS, and F Co., Ltd. (hereinafter “F”) to pay KRW 450 million including the advertising agency fee. On October 2012, the Defendant sent its intention to F Co., Ltd. at the G office of the victim limited liability company located on the fourth floor of K building in Gangnam-gu Seoul, for a demand from the head of the headquarters to increase the above price. However, the Defendant respondeded that the amount exceeding the above marketing cost would not exceed the above marketing cost.

[2] Notwithstanding the above circumstances, Defendant 1, upon delegation from F, had the victim obtain advertising profits exceeding the above price by pretending to enter into a contract for PPL advertising and indirect advertising with the victim, and the Defendant had the victim acquire advertising fees incidental to the above price.

On November 13, 2012, the Defendant pretended to have been delegated by F to F at the above office around November 13, 2012, and concluded a false contract with F, that “The Defendant and F, a limited company G, shall be broadcasted six times of exposure to Epid, seven times of simple exposure, and indirect commercials among the PPL scheduled to broadcast SBS, and F, a stock company F, a payment of KRW 680,000,000,000, including advertising commission.” However, the Defendant did not have any intent or ability to have F, as the Defendant did not have been delegated by F, of the above advertising agency contract from F, to pay the above amount to the victim.

The defendant deceivings the victim as above and thereby is the victim.