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(영문) 서울서부지방법원 2015.01.14 2014고단1462

사기등

Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant A is the representative director of E (ju) in charge of performance exhibition planning and events, etc., and Defendant B is the representative director of F, a performance planning company.

Defendant

B, around March 2013, he recommended the victim H, the representative director of (ju)G, who was aware of the public performance planning, to issue a performance guarantee insurance policy equivalent to 100% of the amount of investment in the event of investing the performance cost of “Surlar” as the music of the United Kingdom.

Thus, around April 17, 2013, Defendant B entered into a performance production investment contract with the victim as the above E (State) office located in Seocho-gu Seoul Metropolitan Government Itel 1211, and agreed to divide 50% of the profits by attracting performances if the victim makes an investment of 300 million won, and to issue performance guarantee insurance policy equivalent to 100% of the investment money as a collateral.

On the other hand, Defendant A was well aware of the fact that Defendant B and the victim entered into a performance contract as above from Defendant B, and was well aware of the fact that Defendant A agreed to issue a performance guarantee insurance policy equivalent to 100% of the investment amount on the condition that Defendant B would receive the investment amount from the victim by reading the above contract entered into in E (State) office on April 18, 2013.

However, even if the Defendants received an investment from the victim, they did not have the intention or ability to issue a performance guarantee insurance policy equivalent to 100% of the investment amount.

Nevertheless, Defendant B’s act, as seen above, is to issue a performance guarantee insurance policy equivalent to 100% of the investment amount to the victim. Defendant A also received a report from Defendant B to conclude a contract with the victim in advance. On April 18, 2013, Defendant B issued a performance guarantee insurance policy to the victim.