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(영문) 서울고등법원 2017.12.22 2017노1606 (1)

특정경제범죄가중처벌등에관한법률위반(사기)

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The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous as follows.

C Co., Ltd. (hereinafter referred to as “C”) was requested to manufacture K equipment for the production of OLED with recognition of K technical capabilities from Saudidivia I (hereinafter “I”), a global petroleum chemical company, and was requested to manufacture K equipment for the production of OLED, etc.

‘H’ 은 L 공정기술과 쳄버 기술, K 등 여러 기술이 융합되어 만들어 지는 것으로, ‘H’ 자체에 대해 독점적인 특허를 갖는다는 것은 상정하기 어려우며, K 공정기술에 L 공정기술을 결합하여 ‘H’ 을 구축하는 것이므로 ‘H 기술’ 이라고 부를 만한 기술방식이 특정되어 있지도 않다.

In light of this, the defendant's actual operation of D or D

G. It is not true that C had deceiving the victim by stating that “C has an exclusive right, such as patent technology and exclusive license to H, and thus can be promptly commercialized.”

The victim requested the defendant to provide reference materials for C and delivered a stock value assessment report to C prepared by the J Accounting Corporation (hereinafter referred to as “instant stock value assessment report”), the only data that had been objectively assessed from outside at the time, to the victim, and does not present a stock value assessment report with the intent of deceiving C’s stock value, with the intent of deceiving C’s stock value.

The victim, as a result of engineering, concluded a contract to underwrite new shares in an ordinary way after sufficient technical analysis and verification of C, and there was no agreement between the defendant and the victim to conduct a separate follow-up inspection.

Although 10 billion won remitted from the victim's side was deposited into a bank account in C's name, it is so.