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(영문) 인천지방법원 2015.11.26 2015고단1778

사기

Text

The defendant is not guilty. The summary of the decision of this case shall be published.

Reasons

1. The Defendant is a representative of D who leads to the development of an electronic circuit.

On July 31, 2012, the Defendant entered into a contract for the development, etc. of soft devices used in LED lighting products with G, F, an employee of the Victim F, the victim F, at the D office located in Bupyeong-gu, Sincheon-gu, Seocheon-gu, Seoul, and five million won for development costs from the victim, and the same year.

9. The same expense was paid KRW 5 million at the same time, KRW 60 million at the product production cost on February 18, 2013, and KRW 70 million at the aggregate.

However, even though the Defendant did not have the ability to develop the above device in conformity with the Japanese electrical standards, the Defendant concluded a contract with G with the above contents and received the above money by fraud that “I would develop, produce and deliver products that meet the Japanese electrical standards, and also purchase and manufacture products that can be used in Japan.”

2. The prosecutor argued that the defendant had no intention or ability to develop a so-called device that meets the Japanese standards from the beginning, thereby making a contract for the development of a so-called device by deceiving the victim company and deceiving the money under the name of the development cost or product production cost, and raised the prosecution of this case.

According to the records of this case, ① the Defendant entered into a contract with the victim company for the development of a PE lighting product, and received a total of KRW 70,000,000 for the development cost or product production cost, ② the Defendant developed the PE lighting device and manufactured the PE lighting product, ② the victim company entered into the Donb website exhibition around January 2013, which had no particular defect as a result of the test of the above lighting product, and ③ the victim company entered into a contract with the Japanese company for the export of the above lighting product, ③ the victim company after the exhibition exported 2,00 set of 2,00 sets, but the high frequency size of the exported product exceeds the criteria of Japan.