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(영문) 인천지방법원 2018.05.11 2017고단9173

사기등

Text

1. The crime of aiding and abetting the violation of each copyright law in the holding is eight months with respect to the crime of fraud against Defendant A.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to a suspended sentence of two years for aiding and abetting the violation of the Copyright Act at the Incheon District Court's Branch on February 1, 2017, and the judgment was finalized on February 9, 2017. ② On December 21, 2017, the Incheon District Court sentenced imprisonment with prison labor for one year and eight million won for aiding and abetting the violation of the Copyright Act at the Incheon District Court, and the judgment was finalized on December 29, 2017. ③ On February 8, 2018, the Incheon District Court sentenced imprisonment with prison labor for two months for aiding and abetting the violation of the Copyright Act and the judgment was finalized on April 6, 2018.

[Criminal Facts of Crimes] The Defendant is the representative director of the Internet Web DB, which is the Internet Web Down Business, and around April 27, 2015, at the victim E ( South, 45 years old) office located in Geumcheon-gu Seoul Metropolitan Government D 1107, there is insufficient funds for the Defendant to undertake the Internet D Habing-related business.

When allowing the web sub-business, the principal will be repaid within one year from among the money invested by the party, and 40% of its profits will be paid.

The term "the purpose is" and "the investment contract was prepared after explaining the profit structure."

However, the Defendant did not have any money invested by others, other than the victim. After opening a site, the broadcast company could not make profits unless the broadcast company et al. impliedly aware of illegal business lines. Since the operator who transferred the corporation to the Defendant had been accused of violating the Copyright Act from the broadcast company, the Defendant did not have the intent or ability to pay the money invested by the victim within one year and additionally reduce 40% of the profits.

As such, the Defendant, by deceiving the victim, obtained from the victim, KRW 45,00,00 from his/her own bank account (F), around April 28, 2015, KRW 25,00,000, around April 30, 2015, and KRW 30,000,000 around April 28, 2015, and KRW 40,000,000 around May 8, 2015, and KRW 50,00,000,000 around July 17, 2015, and KRW 8,000,000,000 in cash, around October 8, 2015, and delivered KRW 198,000,000.

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