beta
(영문) 서울중앙지방법원 2016.09.08 2016고단1755

사기등

Text

A defendant shall be punished by imprisonment for two years.

The prosecution against the violation of the Labor Standards Act among the facts charged in this case is dismissed.

Reasons

Punishment of the crime

[criminal power] On December 29, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Seoul Central District Court on October 29, 201, and the above judgment was finalized on August 30, 2012. On April 17, 2013, the Suwon District Court was sentenced to two years of suspended sentence for one year of imprisonment with prison labor for fraud, and the above judgment became final and conclusive on April 25, 2013.

[범죄사실](『2016고단1755』) 피고인은 2009. 8.경 탤런트 D의 초상권을 이용하여 일본에 한식 관련 식품을 수출하는 ‘E’이라는 사업을 준비 중인 (주)F 대표 G를 만나 위 사업에 관심을 보이며 함께 사업을 하자고 제의한 후, 피고인이 설립한 (주)H가 위 (주)F에 10억 원을 투자하는 대신 (주)H는 위 초상권 라이센스를 구입할 국내 업체를 섭외하여 일본 지역에 판매하는 한국 내 사업권을 갖는 ‘E 사업 계약’을 체결하였다.

Therefore, the Defendant did not have any property with certain occupation and did not necessarily have to raise funds necessary for the above business through the surrounding party. The victimJ, who was introduced from the I known to the public, was smoothly underway the business, and was able to make profits within a short period or to immediately repay the borrowed money from the victim by raising other funds. As such, the Defendant did not want to receive money under the pretext of the borrowed money by making a false statement.

around November 2009, the Defendant, at the L Office, operated by the Defendant in Seocho-gu Seoul, in Seoul, (a) displayed the contract on newspaper advertisements and D portrait, and (b) supplied the said victim with kimchi, Kim Jong-sung, etc. in Korea, and (c) H entered into an early right use contract with the said three companies, and (d) it is necessary to send down payment.

Since the project is well-grounded, if it invests KRW 200 million, it is registered as a H director, 20% of H equity, 24 million won of annual salary, and the principal is.

참조조문