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(영문) 서울중앙지방법원 2013.06.24 2012고단7158
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is the representative director of L Co., Ltd. (hereinafter referred to as “L”) established for the purpose of Internet shopping mall, brand business, etc. in Yeongdeungpo-gu Seoul Metropolitan Government 507.

In early 2009, the Defendant: (a) obtained a trademark brand called “N.” The Defendant said that if the drama or film for the personal goods called “N is produced and the drama or film is towed by a person like AOD, it may bring profits to a shopping mall business, etc. using the trademark brand called “N.” In the event of investing KRW 11 million, the Defendant said that the Defendant would pay 0.01% of the trademark right of the DNA brand and pay a dividend equivalent to the trademark right in the event that profits are generated through the LN brand business.”

However, at the time, the profits from the shopping mall business using the trademark "N" were extremely weak, and the defendant was planned to increase the value of the brand "N" through the production of the drama or film with the name of the person "N" and to create profits from the shopping mall business using the trademark. However, there was only a plan to cover funds for the production cost of the drama and other production cost, and the cost of the shopping mall operation only received from investors. There was no plan to mobilize funds, and there was no other plan to mobilize funds, and there was a situation where the portion of the investment fund received from the investors as the dividend payment to the investors, so it was extremely rare whether the production, etc. of the drama was actually possible. Ultimately, the defendant concluded a contract to manufacture the drama with AP, etc. for the production of the drama with the name of the person "N", but the defendant did not receive investments from the victim up to 1.3 billion won from the down payment.

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