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(영문) 서울중앙지방법원 2013.10.30 2011고단5138

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 a person who operates E, a film importer company located in Gangnam-gu Seoul Metropolitan Government D.

On April 13, 2010, the Defendant agreed to the effect that “I” film board lawfully owned by the transferor is to transfer the film board to the victim at H office operated by the victim G (38 years of age) of the Gangnam-gu Seoul F building to the effect that “I” film board to the effect that “I” film board is to be transferred to the victim at the price of KRW 75 million, “J” film board to the price of KRW 15 million, and “K” film board to the price of KRW 15 million.

However, at the time of the above contract, the Defendant only received the “INVCOE” (INV)’s request for the amount of royalty as of April 10, 2010 from the “L” company in France, which is a production and sale company of the above film, and the Defendant did not enter into a contract for the transfer of the right to the film, and did not have lawfully acquired the domestic right to the film.

Therefore, the Defendant did not lawfully hold the above “I” film sales right at the time of concluding the contract with the victim, and even if he received the transfer proceeds from the victim, the Defendant did not have the intent or ability to transfer the film’s domestic sales right normally to the victim according to the purpose of the contract.

Nevertheless, as seen above, the Defendant, as if he had the aforementioned film’s legitimate domestic sales right, fraudulently, received KRW 70 million from the victim as the purchase price of the said “I” film on the day of the contract, and acquired it by deception.

Summary of Evidence

1. Legal statement of the witness M;

1. Statement made by witnesses G in the third protocol of trial;

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

1. A contract for the purchase of content rights attached to a written complaint (a contract for the purchase of right of purchase, a written agreement attached to a contract for right of purchase, and a certificate of certification (a certificate of transfer of right of movie board);

1. On the screen of the video grade data attached to the statement filling statement of the complainant, OFER SHET (written claim for the price)