The defendant shall be innocent.

The actual defendant is a person who works as a franchise in the Patent Law Office.

On November 2014, the Defendant made a false statement to the effect that “E would make an overseas patent application within two to three years” to D, who is an employee of the said company, at the victim (ju) C (hereinafter “victim”) office located in Pyeongtaek-si B (hereinafter “victim”).

However, in fact, F was already disclosed in the Republic of Korea and registered in the Republic of Korea, and even if it is unable to file an overseas application or becomes an overseas application due to lack of newness or inventive step, F could not claim priority, and G did not have the intention or ability to act as an overseas applicant.

Nevertheless, the Defendant, as above, by deceiving D as above, received from the victim company the amount of KRW 12,030,000 on November 17, 2014 and KRW 51,000,000 on January 20, 2015 from H’s account as expenses.

Accordingly, the defendant deceivings the victim company and acquired 63,030,000 won in total.

As to the instant case, the Defendant requested an overseas patent application of E (hereinafter referred to as “instant patent”) to the International Attorney, and delivered it to the victim’s company upon receipt of the progress from the International Attorney, and the Defendant asserted that the International Attorney-at-Law died around August 2016 and did not properly proceed with the overseas application work.

On the other hand, it is recognized that the defendant did not notify the victim company of the fact that the defendant requested I to I to apply for the patent overseas application of this case after receiving a total of KRW 63,030,000 from the victim company, and that the defendant did not properly proceed with the patent overseas application of this case, such as the failure to prepare a power of attorney related to IO as necessary for the patent overseas application of this case.

However, in order to establish the crime of fraud in criminal law, it is necessary to prove that there is a criminal intent to acquire the accused at the time of the victim's act of disposal.