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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
The Defendant is the representative director of the film import and distribution company B (hereinafter “B”) company.
1. The Defendant, at the office of Seocho-gu Seoul Metropolitan Government on April 3, 2017, stated, “If a film is imported with the balance of revenues from F and G, with foreign motion pictures, and then is lent KRW 140 million, he/she shall pay interest rate of 3% to H Co., Ltd. (hereinafter “H”) in addition to the money that he/she received three times in accordance with the content content business agreement with H Co., Ltd. (hereinafter “H”), and shall provide the credit based on the H’s printing right agreement with H, and all the sales rights as security for Part II of the said film.” On the same day, the Defendant, who believed the horses, was transferred from the victim KRW 140 million to the I bank account of H on the same day.”
However, even though the Defendant did not have the right to make a down payment for G film, and did not have concluded a contract to provide the exclusive right to distribute the above film at the time of the contract with H, the Defendant deceptioned the victim as if the contents of the said right and contract were genuine.
2. On April 3, 2017, the Defendant: (a) on March 30, 2017, using a computer list program in the Jongno-gu Seoul Jongno-gu J building and the B office located in K; (b) on March 30, 2017, the Defendant arbitrarily added the content of “ Bluf Kara and G” in the part of the contract title information in the agreement signed with the victim H on March 30, 2017; (c) on the part of “17,277.50” in the overseas remittance statement (transfer number L) in the name of the victim company; (d) on the part of “16,80.00” in the same overseas remittance statement (transfer number M), the part of “16,80.00” in the remittance amount was changed from “30,000; and (e) the part of the remittance amount was changed from “the recipient company” to “the recipient company”; and (e) the part of “the recipient company” to “the recipient company” to “OB00,”.
The defendant is a victim.