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(영문) 수원지방법원 안산지원 2018.05.15 2017고단3518

사기

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, not guilty of fraud in the name of “E” sales slip down payment.

Reasons

. The Defendant in the criminal history is a person engaged in the production and sale of books from the second floor of the F Ground Building to G, Co., Ltd., on the second floor of Sihjin-si, and the victim H is a person who engages in the publishing business with the trade name called J Co., Ltd., * * in the branch of Gyeonggi-si, G-si, G-si.

1. On January 2010, the Defendant entered into a contract for KRW 295 million with the victim’s domestic publication right of the French well-known K in the M of the Victim’s Operation 1*, Sungnam-si, Sungnam-gu, Sungnam-si.

According to the contract, K will acquire K's domestic publication right at its own cost of KRW 295 million for the acquisition price of the domestic publication right to be paid to K's copyright owner.

The phrase “ makes a false statement.”

However, at the time, the Defendant did not have entered into a contract for the domestic publication right with the copyright owner of K, and even if he received money from the injured party as the price for the purchase of the publication right, he did not have the intent or ability to have the injured party acquire the domestic publication right of K, with the Defendant’s repayment of the Defendant’s obligation and other business funds of G Co., Ltd. operated by the Defendant.

The defendant deceivings the victim by the above method and received 250 million won in the national bank account (N) in the name of G Co., Ltd. on February 19, 2010; 50 million won in the agricultural bank account in the name of the defendant on March 22, 2010; 70 million won in the agricultural bank account in the name of the defendant on March 22, 2010; and 50 million won in the domestic bank account in the name of the defendant on May 20, 2010; and 50 million won in the name of the defendant on May 20, 2010; and 150 million won in the name of the national bank account in the name of G Co., Ltd. (N) in the name of G Co., Ltd. on June 24, 2010; and 30 million won in the domestic publication right in the name of the defendant on May 20, 2010.

2. On March 20, 2013, the Defendant, under the name of “E”, ought to pay the victim the royalties for E publication at the victim’s office located in Sungnam-si Q in Sungnam-si.

The phrase “ makes a false statement.”