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(영문) 서울서부지방법원 2018.10.16 2018고단2117
사기
Text

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

Reasons

Punishment of the crime

[Criminal record] On October 10, 2012, the Defendant was sentenced to imprisonment for three years and six months with labor due to a crime of violation of the Act on the Punishment, etc. of Sexual Crimes in the Seoul Central District Court (a violation of the Act on the Punishment, etc. of Sexual Crimes) at the Seoul Central District Court, and completed the execution of the sentence on April 6, 2015.

[Criminal facts] The Defendant is the representative of B, a corporation established for the purpose of popular culture planning business, such as artist management business.

The Defendant may, around July 2015, make contributions to the Victim C to the Victim C in the French area of Seoul around July 2015 (hereinafter referred to as “ma and F D”) 2, around 2016.

In order to do this, 50 million won is required, and the money is false that it will be used in the preparation process to contribute D, such as the producer, supervisor, and supervisor's interference cost.

However, in fact, the Defendant was expelled by the G Association in around 2011, and was unable to normally operate the entertainment planning company due to the lack of registration with the view of the Minister of Culture, Sports and Tourism for the business of planning popular culture and arts. At the time, the Defendant was not in a state where the production of dramas that can be contributed by the victim’s wife was embodied or under way. Therefore, the Defendant did not have the ability to contribute to the victim’s wife to the 2rd Liber 2. Since most of the victims received money from the victim, he did not intend to use money in relation to D’s entertainment activities

Around August 3, 2015, the Defendant: (a) by deceiving the victim as above; (b) drafted a “standard exclusive agreement between the victim and the victim on August 2, 2015,” etc.; (c) received KRW 4 million from the injured party for the purpose of entertainment activities related to D; and (d) received KRW 46 million in total from H (I) to the Defendant’s account under the name of the Defendant on August 11, 2015, and acquired KRW 50 million in total twice.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Complaint;

1. Investigation report (investigation into the account of the suspect H bank in the name of the suspect), investigation report (requesting the J to cooperate in investigation and request the same;

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