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(영문) 서울중앙지방법원 2017.02.10 2016고단3946
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of E, a corporation that plans and produces performances, etc. in a series of containers and musical performances, etc.

Defendant

On January 18, 2013, E entered into a contract with the G (State) which manages Daehan and the F F (State) E to the first half of the year from 2013 to the first half of the year of 2015 with an exclusive right to F) for KRW 2.4 billion.

In addition, on October 1, 2014, Defendant Management (State) E entered into a contract for production cost of KRW 120 million with respect to the I Entertainment and F’s performance of the Victim H management on the part of October 1, 2014, with the same day down payment of KRW 36 million, the same month.

8. The intermediate payment received KRW 24 million, and the remaining KRW 60 million was paid not later than four weeks prior to the public performance.

However, since October 2014, Defendant (State) EE’s management aggravation, it was impossible to pay the F’s contribution and production cost to HD companies that run F’s work and F’s contribution from around 480,000,000 won.

Accordingly, (State)G A made a public performance notification to (State)G on January 27, 2015, February 3, 2015, and February 10, 2015, on three occasions on February 10, 2015 to the Defendant’s management (State)E, giving notice of non-performance to (State)G.

At the same time, if the defendant's management (state)E did not pay 480 million won as contribution and production costs to sub-contractors, it sent a letter of request for correction that the contract will be terminated in accordance with article 10 of the agreement annexed to the performance contract.

After that, the Defendant’s management (state) EE notified the termination of the performance contract on March 4, 2015, because it was impossible to fully agree or coordinate the existing contributions and production costs that were not paid in relation to the upper half of the Had and F.

Therefore, after February 2015, the Defendant knew that the performance of the FF in Jeju-do is impossible, or could have anticipated that the performance of the performance would result in a disability.

Nevertheless, on February 11, 2015, the Defendant is in the name of the Republic of Korea in Songpa-gu Seoul J Building (State EE Office) where the performance of the Republic of Korea F in Jeju-do will be realized (State).

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