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(영문) 대구지방법원 상주지원 2015.05.19 2014고단593

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On September 2, 2014, the Defendant was sentenced to three years of suspension of execution on December 8, 2014, for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) in resident support at the Daegu District Court, and the said judgment became final and conclusive on December 8, 2014.

【Criminal Facts】

1. On October 6, 2011, the Defendant made a false statement to the victim E, “A” restaurant located in C at the time of resident residence, stating, “When the Defendant develops fire-fighting equipment, and presents it to the fire-fighting equipment conference held by the National Emergency Management Agency, it is possible to supply it to the National Emergency Management Agency if the Defendant won it, by developing the fire-fighting equipment, and by displaying it to the fire-fighting equipment conference held by the National Emergency Management Agency. The end of one year for commercialization. The Defendant would pay the development fund as 50% dividend of the profits that would be obtained when the development equipment is sold at the market on the face of the week, and if it is impossible to make profits due to failure to develop it or failure to display the equipment on the market, the Defendant would complete

However, in fact, the defendant did not have any particular property for the defendant, and the defendant's right to obtain a patent for the equipment displayed in the fire-fighting equipment conference held by the National Emergency Management Agency is transferred to the State, so even if the equipment developed and displayed by the defendant was deposited, it could not be able to receive profits by selling the equipment at the market. Therefore, even if the defendant received the investment money from the victim, 50% of the profits from the sale of the equipment was paid to the victim, or there was no intention or ability

The Defendant, by deceiving the victim as such, received KRW 20 million from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant on the same day.

2. Around December 26, 2012, the Defendant received a demand from the victim to return KRW 20 million from the victim at the above “D” restaurant, and the victim was “satisfying the development of the equipment, but at the same time, he/she made anesthesia guns, and almost completed.

. needed for development.