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The defendant shall be innocent.
Reasons
1. The Defendant in the facts charged is a person operating the KCAD (hereinafter “Defendant Company”), which is a video production company, in Songpa-gu Seoul Metropolitan Government, and the victim E is a person operating F, which is a video production company.
On March 8, 2016, the Defendant called “G events” at the office of the said office of the Dispute Resolution Co., Ltd. to contact the victim and “G events held on April 8, 2016.”
5. On 20. 20. Scam held that “H event” planning services were ordered, and that the production of video works to be used in each event would be paid by June 15, 2016 if the video works were produced.
However, in fact, the Defendant was liable for the obligation of approximately KRW 60 million, and the interest to be paid monthly amounted to KRW 10 million, and even if the Defendant borrowed KRW 300 million from I for the above event, he did not have any intent or ability to pay the production price of video to the victim even if he received the payment of the event price from G Na, such as using the unpaid payment or the interest cost, not for the above event.
Ultimately, the Defendant: (a) by deceiving the victim as above; (b) did not pay the said images of “G event” on April 7, 2016; (c) around May 19, 2016; and (d) did not pay a total of KRW 18,700,000,000 from the production price to the victim via e-mail and web hard; and (b) obtained pecuniary benefits equivalent to the said amount.
2. Determination
A. The summary of the facts charged in this case is that the defendant deceivings the victim without the intent or ability to pay the price, thereby obtaining pecuniary benefits equivalent to the production cost, and the prosecutor prosecuted the defendant for fraud by applying Article 347(1) of the Criminal Act.
However, according to the records, the main agent of the contract for the production and supply of the video recorded in the facts charged is the defendant company and the victim, and the victim directly requested the delivery of the video.