사기
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the Defendant reported as the author even if the Defendant is not the author of the instant musical work, and that the Korea Copyright Association, an incorporated association (hereinafter “the instant Association”) paid the Defendant copyright royalties to the Defendant constitutes a crime of fraud, as it infringes upon the property of the instant Association.
Nevertheless, the judgment of the court below which acquitted the instant association of this case on the ground that the instant association cannot be deemed as a victim of fraud is erroneous in the misapprehension of facts and adversely affected the conclusion of the judgment
2. Determination on the grounds for appeal
A. The summary of this part of the facts charged (as seen below, this part of the facts charged was added to the ancillary facts charged) is a member who enters into a trust agreement with the Association which is the complainant from November 15, 1969 to the present day.
On July 10, 200, the Defendant filed a report of musical works with C to the person in charge of receipt of the report of musical works at the office of “Korea Music Copyright Association” located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, 649, on July 10, 200, for the payment of copyright fees.
However, there was no fact that the defendant directly created the musical work of this case.
As such, the Defendant deceivings a person in charge of receipt of the Association of this case, and is affiliated therewith from the Association of this case to the National Bank Account (H) under the name of the Defendant.
8. The author acquired a total of KRW 4,585,511, as shown in the attached list of crimes, including receiving KRW 175,536 as copyright fees for the musical work in accordance with the rules on the distribution of the Association.
B. The lower court’s determination is based on the following circumstances, namely, the Defendant, as revealed by the evidence duly admitted and investigated.