beta
Text
Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.
However, this judgment is delivered against Defendant B.
Reasons
Punishment of the crime
"2013 Highest 48"
1. On February 17, 2011, Defendant A, at H hotel coffee shop located in Gangnam-gu Seoul, held a victim F with the right to use the portrait right of an artist J, who was the main official of “MBC DDI”, and may benefit from the manufacture and sale of the Kim using J’s portrait right. However, if the money was not produced because there was no money, Defendant A’s loan of money would make 50% of the sales proceeds by producing Kim.
However, the fact was that the defendant had already produced and sold 20,000 Kim Kim products, and most of the borrowed money from the victim was thought to be used as the defendant's personal debt repayment and company operation expenses, so even if he borrowed money from the victim, he did not have any intention or ability to repay it.
The following day after the defendant, by deceiving the victim as such, received 30 million won from the victim to the Cit Bank passbook (Account Number K) in the name of the defendant under the name of the victim for the purpose of investment in the same place.
2. 18. Receipt of remittance of 22.5 million won to the above passbook, and the same year.
3. 25. 25. The above passbook received a total of KRW 82.5 million, such as receiving KRW 30 million as the above passbook, and defrauded it.
2. Defendant B
A. On November 1, 2008, the Defendant, as the actual operator of the (ju)L, entered into a contract for the extension of the use of the portrait rights with an artistJ on November 1, 2008. On February 201, 2011, the Defendant was unable to use the bank account in the name of (ju)L due to the relevant civil litigation, and was willing to forge the “contract for delegation of the use of the business rights” with the content of delegation of the business rights from the J (ju)L to (ju)M.
On March 16, 2011, the Defendant concluded this Agreement on November 11, 2005, under the title “the delegation contract for the use of business rights” using a computer installed therein at the (ju)M office for the Defendant’s operation of Seocho-gu Seoul Nbuilding 201-2.