Text
Defendant shall be punished by a fine of five million won.
Where a defendant fails to pay a fine, one hundred thousand won shall be the day.
Reasons
Punishment of the crime
The Defendant is a person who performs animation work under the trade name “D” in Guro-gu Seoul Metropolitan Government Building C.
On May 2016, the Defendant entered into a contract with the victim E, the victim F, and Japan TVimation work name “G,” H, and China TVimation work name “I” in Korean won and KRW 2 won.
However, the defendant did not have any intention or ability to pay an animation work even if he received animation work service from the victims because he was planned to use it as an office deposit, living cost, etc. even if he received animation work from the original contractor.
Accordingly, the defendant deceiving the victims, and received an animation work service amounting to KRW 2,080,00 from the victim E, and the amount equivalent to KRW 1,204,00 from the victim K, and acquired property profits equivalent to the same amount.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and K;
1. A protocol concerning the examination of the suspect of each police officer against the accused (two times, three times);
1. An investigation report (attached to data submitted) [The defendant and his defense counsel had the intent and ability to pay the cost of an animation work work as stated by the defendant to the victims (hereinafter "the cost of animation work in this case").
The argument is asserted.
However, according to the above evidence: (a) the Defendant received the said Japanese order-related payment from the Japanese headquarters around June 24, 2016, in full, and used it as an office deposit and operating expenses; (b) the Defendant agreed to pay the instant service payment by the victims until July 25, 2016; and (c) the Defendant received the said payment from the Chinese JJ company, the original headquarters, even though he agreed to pay the victims the instant service payment by July 25, 2016.