beta
(영문) 인천지방법원 부천지원 2017.05.19 2017고단16

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is C Director, and D (no indictment is available on the same day) is the president, a non-registered president, a non-registered president of the above company, and solicited D to use money in return for the purpose of a patent application in relation to G related to the victim F of D.

The defendant around December 2, 2013, at the E office located in Guro-gu Seoul Metropolitan Government H, sold electricity to the victim to produce electricity by creating G along with D. "The date on which many profits are earned from selling electricity to Korean power."

Overseas patent applications will also be filed.

D referred to as "$13,00 in terms of the domestic patent application cost, and 40,000 in terms of the overseas patent application cost, and investment difference between USD 13,00 in terms of the domestic patent application cost and the overseas patent application cost, from December 2, 2013 to April 2, 2014."

However, in fact, the Defendant did not intend to use only a part of the Defendant received money from the injured party as the domestic patent cost, to repay the Defendant’s debt with the remaining money, and to use it as the company’s operating fund, even if he did not receive money from the injured party.

On December 20, 2013, the Defendant received 13,793,000 won from the injured party to a new bank account under the name of a stock company C as the expenses for filing an application for domestic patent on December 20, 2013. On March 31, 2014, the Defendant received 15,982,50 won as the expenses for filing an application for overseas patent to the said account, and on April 4, 2014, remitted 26,081,236 won as the expenses for filing an application for overseas patent to the said account.

Accordingly, the defendant, in collusion with D, received a total of KRW 55,856,736 by deceiving the victim, and acquired it by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the prosecution against the F;

1. Investigation report (Submission of suspect A's financial transaction statement), investigation report (the progress of the application for the patent and review of the value of the patent);

1. Details of new bank transactions;

1. The Criminal Complaint Act and subordinate statutes;