[2012 Highest 8145] The Defendant, as the representative director of the E Co., Ltd., said that, around May 16, 2011, at the above E office of the F building B, Dong-gu Incheon Metropolitan City, the Defendant stated that, “If the Defendant puts 60% of petroleum, 40% of water, and 0.38% of additives into the mar-production machine, a mar-ray which indicates the efficiency similar to the primary petroleum is produced, and if the Defendant purchases two mar-production machine (hereinafter “instant machine”) with two mar-production equipment, it is called that he will make a monopoly contract right to the Central and South America, including the Guatema, and send it to the Guate.”

However, in fact, the instant machinery is under development, and its efficiency can only be given to the degree of the ratio of petroleum contained in the case of marked mar oil generated from this machinery, but it cannot be given more efficiency than the ratio of the replaced water. As such, the instant machinery was at a stage of producing a mark oil in a state in which petroleum and water can not be used separately after a certain period of time, there was no intention or ability to install a proper machinery even after receiving the machinery cost from the victim.

Nevertheless, the Defendant, on May 16, 201, paid a sum of KRW 30 million from the victim on May 16, 201 as machinery payments, and KRW 30 million on May 23, 201; KRW 90 million on May 27, 201; and

7.6.2 million won, 27.1 million won for the same month, and 10 million won for the same year;

9.9.5 million won received and acquired a total of KRW 185 million.

[2012 Highest 10362] The Defendant was in the process of developing so-called “mar-raying device” which puts additives into materials mixed with petroleum in the ratio of 6:4%, and produces a so-called “mar-ray” alternative fuel. The performance of the device was not confirmed. Such device can be sold domestically, but the Defendant can receive results from the petroleum quality test institute.