A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On June 10, 2016, the Defendant was sentenced to 1 year and 6 months of imprisonment and 3 years of suspended execution in the Jeonju District Court for fraud, etc., and the judgment became final and conclusive on June 18, 2016.

The Defendant is the operator of “C” that is a company engaged in the performance planning business in Mapo-gu Seoul Metropolitan Government, Seoul, and D is the representative director of the Victim F Co., Ltd. (hereinafter “victim”) that is a company engaged in the performance planning business in Mapo-gu, Seoul, Seoul, and the Victim Company owns the right to sell performance tickets of “G”.

Around December 2015, the Defendant wanted to purchase D’s performance ticket from the victim’s office “G” to purchase the performance ticket. C refers to the fact that “A is entirely delegated by H with the relevant business affairs.” On January 15, 2016, the victim company entered into a sales contract with H (hereinafter “H”) on the performance ticket of “G” in seven regions including Jeonju, etc., and the victim company sold the said performance ticket to H, but the victim company was to receive KRW 434,00,000 (Additional tax) for the purpose of causing damage to the management of contribution related to such musical activities, stage performances, etc. from H and receiving KRW 434,00,000 (Additional tax) for production expenses, etc.

At the time of the conclusion of the above contract, the Defendant loaned KRW 62 million to D as it is necessary to compensate for damages. By March 10, 2016, the Defendant borrowed KRW 62 million. If it is impossible to repay it, the Defendant would be entitled to deduct the amount of KRW 62 million from the I’s royalty during the performance of “G” in the seven local performances (hereinafter referred to as “the deduction clause of this case”). The Defendant would not pay the borrowed amount to the Defendant, and the victim company would not have produced I out of the above seven local performances.

However, the Defendant has the authority to carry out the work related to performance advertising, marketing, etc. under the delegation of H, and only the victim company.