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(영문) 서울중앙지방법원 2020.09.11 2019고단2466
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On February 5, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on May 25, 2015, and the execution of the sentence was completed at the Seoul Detention Center on May 25, 2015, and on September 22, 2016, the Seoul East East District Court sentenced the Defendant to 6 months of imprisonment with prison labor for anless accusation and became final and conclusive on June 22, 2017

【Criminal Facts】

The Defendant is the number of fluents, such as “B,” etc.

On August 2015, the Defendant stated, “A, the representative director of the victim D Co., Ltd., in the car page in front of the Yeongdeungpo-gu Seoul Metropolitan Government building,” that “F forged the neighboring rights transfer contract between the time when the inside is detained, and changed the name thereof without permission,” and that “F may find neighboring rights without a framework.” First, the Defendant said that “B would transfer the neighboring rights and the right to claim the distribution of usage fees to the 123 sound members, including the 100 million won payment.”

However, on September 16, 2014, the Defendant: (a) delegated a law firm G with all rights to transfer copyright and related rights; (b) concluded a contract for transfer of neighboring rights on September 17, 2014; and (c) concluded a contract for transfer of neighboring rights on September 22, 2014 on September 22, 2014, the law firm H had no ability to transfer neighboring rights to the victim company according to the commitment even if the Defendant received KRW 100 million from the victim company.

On September 24, 2015, the Defendant entered into a contract with the representative director E of the victim company to take over the neighboring rights of the sound source, and received KRW 96,700,000 from September 25, 2015 to the NH Agricultural Cooperative Account (I) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Investigation reports (Seoul Eastern District Court Decision 2016Kadan168, High Court Decision), forwarding a copy of the judgment, Seoul Eastern District Court Decision - 2016 High Court Decision;

1. An investigation report (related cases), an investigation report (JJ reply), and an investigation report;

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