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(영문) 서울북부지방법원 2017.08.23 2016고단563
사기
Text

The defendant shall disclose the summary of the judgment of innocence against the defendant.

Reasons

1. The Defendant: (a) around April 26, 2013, at the Seoul Gangnam-gu Seoul Metropolitan Government Office for the Dispute Resolution Co., Ltd. of the Defendant’s operation of D D D Building B, the Defendant held that “The Defendant would grant exclusive right to sell an advance payment of KRW 100 million to the Vice President H of the Victim Resolution Co., Ltd. (former Trade Name: the Dispute Resolution Co., Ltd.); (b) if the main investor decided to grant the right to purchase and fails to supply the right, he/she would return the advance payment within a week; and (c) if he/she did not do so by June 15, 2013, he/she would return the advance payment to the Plaintiff by July 15, 2013; and (d) if he/she received advance payment of KRW 100 million, he/she would pay KRW 500,000 to the “J”.

However, even if the above advance payment was received, the Defendant did not wish to pay KRW 50 million to the production company for the purpose of obtaining delegation from the production company of the above film license (all rights that can be sold in Korea except for the theater distribution) by paying personal debts. Since the above advance payment is granted to the maximum investor of the film, the Defendant cannot be allowed to arbitrarily grant the right to the production company, and even under the circumstance that the Defendant may not become the largest investor, it is unclear that the Defendant would obtain the right to the value-added film. Therefore, even if the above advance payment was received, the Defendant did not have the intent or ability to grant the victim the exclusive right to the right to the value-added film. The Defendant was bad credit due to the default of payment, etc., and there was no other property or special income, and did not have any intention or ability to pay the above advance payment to the victim if the right to the value-added film was not granted to the victim or it was not commenced until June 2013.

On April 29, 2013, the Defendant received KRW 100 million from the victim to the Defendant’s corporate bank account on or around April 29, 2013.

Accordingly, the defendant was given property by deceiving the victim.

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