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The judgment of the court below is reversed.
The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
Reasons
1. Summary of the facts charged and the judgment of the court below
A. The summary of the facts charged is between the Defendants, and the Defendants decided to carry out the closed type venture renovation project with the victim E and D on September 17, 2009. The Defendants established the LAF and the victims agreed to jointly carry out a joint project by entering into a contract for the joint ownership of patent rights, domestic and overseas monopoly business, restoration technology, etc.
On October 20, 2009, the Defendants made a false statement to the victims that “A has acquired a patent right I had, and it is necessary to purchase more than 100 minutes of waste ship restoration devices and to entrust the factory with the purchase of more than 150 million won for the purpose of the long-term mass production system, the Defendants would purchase more than 10 million won of restoration devices to I by November 30, 2009 and supply them to I by November 30, 2009.”
In addition, Defendant B made a statement to the victims that “I and J jointly develop the waste ship restoration system in the name of J, if they received the patent right in the name of J” while giving the victims the documents such as a copy of the patent certificate which the inventor was J.
However, in fact, since I did not have a patent right for the waste ship restoration equipment, there was no patent from I, the Defendants did not receive the patent right, and the patent certificate presented as above was not a patent certificate for the waste ship restoration equipment, but a patent certificate for the waste ship restoration system. While the Defendants received money from the victims, they did not think that they will be used for the purchase cost of the waste ship restoration equipment.
Accordingly, the Defendants, as such, by deceiving the victims as such, obtained a total of KRW 150 million from the victims, including KRW 2 million on October 24, 2009, KRW 50 million on October 27, 2009, KRW 10 million on November 3, 2009, KRW 50 million on November 5, 2009, KRW 12 million on November 5, 2009, and KRW 75 million on November 13, 2009.
B. Judgment of the court below.