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(영문) 서울중앙지방법원 2013.05.14 2012고단7157
사기
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a performance planning company under the trade name of C.

1. On February 2010, the Defendant purchased a performance right in Korea for one year from the musical term “E” in which the U.S. D company owned the right to purchase the right, and attempted to perform the said musical term. However, the Defendant, at the time, was not able to prepare funds necessary for performance because the Defendant was a person with bad credit standing and was not in possession of the property. As such, the Defendant was able to receive funds from the victim company by deceiving the Victim F employees G (the age of 41).

On November 8, 2010, the Defendant made a false statement to the above G through H of the Victim Company’s Staff H in Songpa-gu Seoul Songpa-gu Office, stating that “The Defendant would make an investment of KRW 250 million as to the investment amount. The Defendant would make 30% of the final profit for the investment amount. The performance ticket sales office is limited to twitk and tweet links, and the tweet sales claim will be transferred in full so that the victim company can obtain 50% of the final profit.”

However, the defendant did not have the intent or ability to invest KRW 200 million in his own account due to the lack of property, and did not have the intent or ability to transfer the sales price to the victim company in full. It was thought that the defendant sold a ticket to the victim company's social money, etc., and will lead the performance using the price.

Nevertheless, on November 11, 2010, the Defendant received money of KRW 215 million owned by the victim company from that time to November 15, 2010 from that time, from that time, the Defendant had the said G remittance of KRW 1,200,000 to the I’s account scheduled to contribute to the male worship of the above community.

2. As stated in paragraph 1, the Defendant received investment money from the victim company, but did not raise funds that the Defendant promised, and added them to the victim company.

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