사기
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. As to the fraud against H (Defendant 1) of the facts, the Defendant entered into a patent use agreement with P doctoral degree, and actually carried out the business such as establishing a local subsidiary for the wastewater treatment business in China, and thus, did not borrow money from H with the intent of defraudation.
2) As to the fraud of L, the Defendant borrowed money from L as business expenses of the Defendant, and in light of the size and financial conditions of the business at the time, the Defendant had the intent and ability to repay the borrowed money sufficiently.
3) Nevertheless, the court below erred by misapprehending the legal principles as to H and L's fraud.
B. Improper sentencing 1) The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.
2) The lower court’s above-mentioned sentence is too unhued and unreasonable.
2. Determination
A. 1) The summary of the facts charged in this part of the facts charged is that the Defendant, on December 2, 2014, at the J office operated by the victim H located in the Seocho-do Sinsan-si of Gyeonggi-do, “The Defendant is the K doctoral and e-mail of the actual patent right holder when purifying environmental wastewater.”
It will be possible to supply all the merfes entering the purification facility.
In order to enter into a contract with China, Korean employees made a false statement to the effect that the amount of KRW 50,000 of the cost of establishing a Chinese corporation is required, and that they will immediately repay money after lending money.
However, in fact, the defendant did not have a patent use agreement with K doctoral degree, and the defendant did not have any intent or ability to pay money immediately after he borrowed money from the injured party, as he thought that he would use money from the injured party for other purposes.
As such, the Defendant, by deceiving the victim and deceiving him/her from the victim, shall be KRW 8 million on January 16, 2015, and the same year.
2.17.6.7 million won, as the case may be.