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(영문) 서울남부지방법원 2014.06.20 2013고단3962
사기
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On August 1, 2011, at the E office operated by the Defendant located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant drafted the said investment contract with the content that “F will return 5 million won (including interest on December 15, 201, and transfer 3% of the F’s intellectual property right” to the victim, by making a false statement to the effect that “The Defendant would transfer the scenario of an animation work as “F” to the author.”

However, in fact, the amount of debts such as credit guarantee fund loans and bonds exceeds KRW 112 million, and the office rent of KRW 8 million has to be paid in an amount equivalent to KRW 140 million due to the fact that there is a need to pay an amount equivalent to KRW 20 million due to the failure to pay taxes, and there is no intention or ability to produce an animation work.

On August 23, 2011, the Defendant received 40 million won from the victim to the national bank account in the name of the Defendant for the purpose of investing money.

Accordingly, the defendant was given property by deceiving the victim.

B. The Defendant is above the Defendant around December 16, 201.

In the place indicated in paragraph (1), there is a Japanese company that entered into a sales contract on the condition that “G” as an advance payment of KRW 390,000,000,000 for sexual animation is paid to the victim. As such, a false statement was made to the effect that “F will transfer 8% of the intellectual property rights of “G” if the sum of KRW 100,000,000 is added to KRW 25,000,000,000,00

However, the facts above A.

There was no intention or ability to produce “G” due to financial difficulties, such as described in the subsection.

On February 9, 2012, the Defendant received 75 million won from a victim to a new bank account under the name of the Defendant as an investment deposit.

Accordingly, the defendant was given property by deceiving the victim.

C. The Defendant is above the Defendant around June 2012.

subsection (b).

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