사기
The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the grounds of appeal in light of the evidence of this case (misunderstanding of the facts), the Defendant could fully recognize the fact that the Defendant acquired and fraudulently acquired KRW 62,70,000 from the injured party by deceiving that “the Defendant was only applied to patent application for the golf event equipment (hereinafter “the instant machinery”) and was in an unsound situation as to whether it would not obtain a patent and be able to make a profit by making a profit by not being patented,” thereby deceiving the victim to “the Plaintiff already obtained a patent and may pay a profit of KRW 960,000 per month.”
Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged.
2. Determination
A. Before deciding on the grounds for appeal by the prosecutor's ex officio, the prosecutor applied for changes in the indictment to the effect that the first sentence of the facts charged in the instant case "patent application" was changed from the trial court to the "patent acceptance". Since this court permitted this, the judgment of the court below was no longer maintained.
However, there are reasons for reversal of authority above, but the prosecutor's assertion of mistake is still subject to the judgment of this court, and this is examined.
B. On March 201, 201, the summary of the facts charged in the instant case is as follows: (a) at the office of Defendant’s management located in Sungnam-si Building 309, Sungnam-si, Sungnam-si; and (b) the victim F, “this case’s machinery and content used in the golf practice place with a patent granted to the victim F.
B. When entering into a contract with B. the agency, approximately KRW 960,000 per machine may make a profit and have the local monopoly's right.
At least 10,000 machinery per machine shall be purchased at least 1,90,00 won per machine, and 30,000 won is needed as down payment.
Machines have already been satisfyed in other places, making a big profit.