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(영문) 수원지방법원 안산지원 2017.08.11 2016고단4267

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 201, 201, the Defendant provided the victim C with technology that can manufacture 3.4 km of the old-ri 1kg mixed with steel 3kg, so it would be possible for the victim C to produce the old-ri 3.4 km by obtaining a patent with the above technology and by making efforts for research and development.

“A false statement” was made.

However, the defendant did not have the above technology so that he did not have the intent or ability to obtain a patent even if he received necessary expenses from the injured party.

Nevertheless, the Defendant, as seen above, received a total of KRW 52,277,00 from March 15, 201 to March 15, 2013, by deceiving the victim and receiving KRW 15 million from the victim as a research expense around October 7, 201, as well as from that time, obtained a total of KRW 52,27,00 from that time to that time, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Partial statement of the witness C;

1. Some statements made to the defendant in the protocol of interrogation of the suspect to the prosecution (including the C's statement);

1. Part of the statement made by the police in relation to C; and

1. Some statements in investigation reports (to hear statements from witnesses D);

1. Judgment as to the assertion by the defendant and the defense counsel, such as the two copies of the judgment, the authentication document, the old accounting process, the statement of expenditure, the summary of the same industry, the certificate of transfer confirmation, the promissory note, the receipt two copies, the receipt of the transfer confirmation, the patent rejection decision of the Korean Intellectual Property Office, the disbursement statement, the letter of commitment, the notification of opinion submission, the summary of the same industry, the text of the judgment, the same industry, one copy of the articles of incorporation of the same industry, one copy of the documents of the investment resolution, the statement of expenditure, and the receipt

1. In the case of KRW 15 million, from October 7, 201, which was the first period of the list of crimes attached to the summary of the claim, around October 7, 2011, the injured party only lent money to D, the father of the defendant, and the remaining portion of the money, also has the technology of manufacturing the diversative sys against the victim.