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Reasons
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(영문) 서울중앙지방법원 2015.09.25 2015고단2657
사기
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On July 15, 2009, the Defendant committed the crime against the victim C at “E” points located in Gangnam-gu Seoul Metropolitan Government D, with no special occupation, and without having any intention or ability to pay the drinking value even if he does not have any import, the Defendant made a false statement as if he had dumped money through the entertainment planning business, and it did not pay the amount of money from the above date to August 19, 2009, even though he did not receive a total of KRW 17,400,000,000 from the above date to the above date, as shown in attached Table 1, but did not pay the above amount.

2. Around August 2009, the Defendant made a false statement to the victim that “The Defendant will make a contribution to 40-50 times by making a contribution to the victim at least 40-50 times to the role of d'I, which is part of the role of d'adma in SBS, to broadcast the prone G and H, which is run by the Party, in the vicinity of the Seoul Jongno-gu internal Dong.”

However, the Defendant did not have any connection with the production of the above drama, and there was no other way to contribute G and H to the above drama, so there was no intention or ability to contribute G and H to the above drama as promised by the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 5 million from the victim on October 3, 2009 for the purpose of contributing funds and expenses to the Ramama on October 3, 2009, and received KRW 28,910,000 in total seven times from the above date to January 10, 2010 from the above date and time to around January 20, 201 as shown in the attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution;

1. Partial statement of each police suspect examination protocol against the defendant;

1. Each police statement concerning F, H, G, and C;

1.Each note, the details of remittance, and

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