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(영문) 서울서부지방법원 2017.08.17 2015고단3233

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

C As the representative director of D, a person who uses the portrait rights of artist E, produces and sells Kim products, and the defendant was a director of the above company, and the defendant was recruited to borrow money from victim F and obtain money from the victim F.

On October 2010, the Defendant accessed the above victim by taking advantage of the fact that the victim F was the Defendant’s attachment relationship between G and high school, and concluded that, at the 4th coffee shop located in Dongdaemun-gu Seoul Metropolitan Government, the Defendant made a false statement that, “The above victim would have a lot of profits if he manufactures and sells the Kim Products using E’s portrait rights as a user of E’s portrait rights, who was the main agent of the C MBC (MBC) DBC, and as a user of E’s portrait rights, he did not make any money production, the Defendant would guarantee the principal if he lends money, and pay the interest of KRW 160,000 per month.”

However, even if the defendant and C have received a loan from the injured party, they did not have any intention or ability to repay the principal and/or to return the funds equivalent to 1.6 million won per month.

Nevertheless, on November 5, 2010, the Defendant and C prepared a “investment contract” with the said FF as one-year contract term, and deceptions the said victim, and its affiliated members did not pay the principal and interest until November 5, 201, when the Defendant and C transferred the sum of KRW 100 million to the Defendant’s father G account from the K account under the name of the victim’s father, to the Defendant’s G account under the name of the victim’s father, from November 5, 2010. < Amended by Presidential Decree No. 22490, Nov. 5, 2010; Presidential Decree No. 22507, Nov. 15, 2010>

As a result, the defendant and C conspireded to acquire the property of the victim.

Summary of Evidence

1. The respective legal statements of the defendant and C

1. Legal statement of witness F;

1. A protocol concerning the examination of suspect by some police officers against the defendant and C (including the comparison with F);

1. Statement made by the police with regard to F;

1. Complaint;

1. An investment contract;