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(영문) 의정부지방법원 고양지원 2016.08.18 2014고합178
특정경제범죄가중처벌등에관한법률위반(사기)
Text

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

Reasons

Punishment of the crime

The Defendant, at the office of the Victim F Co., Ltd. (hereinafter “victim”) located in Seoul Mapo-gu Seoul Mapo-gu building 402 around December 18, 2012, the Defendant would pay KRW 570 million in total, including the down payment for the work written by H author to G, the president of the victimized company, “F,” which was entered into with H (I), around March 18, 201, with the “F,” in relation to the “TV D’s writing contract” with H author on March 18, 201.

Of them, KRW 370 million shall be paid within 30 days from the time when he has obtained a letter of intent to compile a writing work or a written confirmation from the broadcasting station, and the remaining KRW 200 million shall be paid not later than 10 days prior to the date of the first broadcast.

“A false statement” was made.

However, in fact, the Defendant had a personal debt of KRW 2 billion at the time, while there was no special revenue, and the Defendant’s employees failed to pay a monthly wage to the Defendant and the Bank was not able to receive a loan or an investment, and there was a situation in which the Defendant failed to prepare a plan to receive a loan or an investment. Therefore, even if the Defendant received from the victimized Company all rights to the TV set up by H author, he did not have the intent or ability to pay the loan.

Ultimately, the Defendant, as seen above, acquired pecuniary benefits equivalent to the same amount in a manner that would not pay KRW 570 million, even though the Defendant acquired all rights to TV set up by H author, by deceiving the damaged company and concluding the “a contract under the special agreement on the transfer of the status of the contractor” with the damaged company.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of each (part) G, J and K in the trial records of the third and fourth public trial;

1. Entry of each part of the protocol concerning the examination of the suspect to the defendant by the prosecution;

1. Two times the police officers against the defendant.

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