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(영문) 서울남부지방법원 2018.05.03 2017고합617
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

" 2017 Gohap 617"

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) around September 11, 2015, at the Seoul Metropolitan Government building D, the Defendant’s office located in Yeongdeungpo-gu, Seoul, 101 Dong 909, and the representative director of the victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) (“the victim Co., Ltd.”) (“the victim Co., Ltd.”). The victim Co., Ltd. (hereinafter “the victim Co., Ltd.”) stated that “on the basis of investment in G shopping mall, the Plaintiff would assist the Plaintiff to produce drama, and write off the work as the top priority.” The Defendant borrowed KRW 500 million from the repayment of the debt, etc. to the effect that “on the other hand, the Plaintiff would substitute the loan for a part of the loan made in the case of entering into this writing related to the relevant World Co., Ltd., Ltd., and would not transfer money to the Plaintiff Co., Ltd., Ltd. (hereinafter “the victim Co., Ltd.”).

However, the Defendant, at the time, had entered into a contract with another broadcasting company, producer, and the Plaintiff, at the time, entered into a contract with the 150 drama large amount of 150 times in total, and had to first write the part of the Idma to be broadcasted on April 2016 according to the written contract, and accordingly, the Defendant did not have any intent or ability to write the part of the victim company as the top priority, and not only did he/she have any intent or capacity to write the part of the drum in the order of priority, but also did not have any other property or income, and (ju) there was no other property or income, which had already been provided as security to the victim company (ju) around August 2015, which had already been transferred to the J corporation, and thus there was no intention or ability to pay the part of the funds borrowed to the victim company or transfer the said shares to the victim company, as if the contract was not entered into.

Ultimately, the Defendant, as above, deceiving F and deceiving it from the victim company, was 200 million won from the Defendant’s corporate bank account under the name of the Defendant around September 11, 2015.

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