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(영문) 서울중앙지방법원 2016.10.05 2016고단882

사기등

Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

1. The summary of the facts charged in this case is the person who operated an entertainment planning company called “F” in the Gangnam-gu Seoul E building.

On March 21, 2014, at the end of the foregoing “F office,” the Defendant made a false statement to the victim D, who is the mother of G, “C”, stating that “A music record is also granted to G, in the face of a week, by day of August, 2014, to his/her mother, he/she will open the way to be deferred, such as D, etc. in the future.” On April 21, 2014, the Defendant entered into a contract with the victim and the said G on the basis of the standard transmission agreement with the victim.

However, the above “F” was an enterprise that was not registered with the competent authority, and the Defendant thought that the above G was a practice student to the H’s representative I, and even if the Defendant or the above “F” did not have any particular income or property and received money from the victim, the Defendant or the above “F” did not have any intent or ability to make the said G as a pro rata group.

The Defendant, from April 14, 2014 to the same year, from the victim.

4. Between December 28, 200, a sum of KRW 30 million was transferred to a national bank account under the name of J (F) (hereinafter “F”).

Accordingly, the defendant was given property by deceiving the victim.

(b) A person who intends to engage in popular culture planning business shall register with the Minister of Culture, Sports and Tourism;

As the representative of the above “F”, the Defendant, without registering to the Minister of Culture, Sports and Tourism, established a practice room of “F” in the above E-building from April 2014 to October 2014, and carried out popular culture planning business, such as establishing a training room of “F” in the above E-building and entering into an exclusive agreement with the said victim on the standard exclusive contract with the said victim for culture and art personnel.

2. Determination

A. In full view of the following circumstances acknowledged by the record as to the fraud, the evidence submitted by the prosecutor alone to the extent that there is no reasonable doubt on this part of the facts charged against the defendant.