The defendant shall be innocent.

1. Around August 17, 2007, the summary of the facts charged stated that the Defendant would transfer the right of 100 million won to the victim E company, since there is D’s right to sell the film of “G” to the victim E company at the D office operated by the Defendant in the Gangnam-gu Seoul Metropolitan Government Section 2.

However, in fact, since the right to the above film is not a stock company D operated by the defendant, but a stock company H, even if the defendant received money from the victim, the defendant did not have the intent or ability to transfer the right to the film, as above, and the defendant made a false statement to F, and acquired it by remitting KRW 100 million on the same day from the victim as the transfer of the right.

2. Determination

A. According to the evidence of this case, the following facts are acknowledged.

The Defendant produced “G” film (hereinafter “instant film”) while operating the film as the representative director of D Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Around March 9, 2007, the Defendant entered into a contract for film production and profit-sharing with H Co., Ltd. (hereinafter “H”) and received investments in film production costs.

Accordingly, under Article 5(3) of the film production and profit-sharing contract prepared by the Defendant Company and H, the film theater, H/Vo distribution right, TV broadcasting right, value-added right, and overseas distribution right (hereinafter “instant printing right, etc.”) have been established, and in the event that a contract is entered into with the Defendant Company, it shall be consulted in advance with the Defendant Company, and the final decision is made with H.

On the other hand, on August 17, 2007, the Defendant Company entered into a transfer contract with the Victim E Co., Ltd. (hereinafter “victim Company”) on video and intellectual property rights, etc. to DVD Ford Form (hereinafter “instant printing rights”).