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(영문) 광주지방법원 2018.04.12 2017고단5778
사기
Text

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

Reasons

Punishment of the crime

1. The Defendant against the victim B, at the office of the victim B located in Naman-si, at the early August 2016, the Defendant: (a) had a patent right “D” to the victim; and (b) manufactured and sold the patent right to the victim; (c) if the purchase price of the D patent was KRW 150 million and the purchase price of the D patent was KRW 150 million, the patent right may be created.

The investment of KRW 100 million was made by investing KRW 50 million, and KRW 50 million was insufficient, and KRW 50 million was invested.

If a patent is created, it would be possible to obtain a loan equivalent to KRW 300 million from the Korea Credit Guarantee Fund as security.

“.....”

However, even if the Defendant received KRW 50 million from the injured party as the purchase price of the D patent, he did not intend to use it as the purchase price of the patent, and did not have any intent or ability to trade the patent.

Around October 10, 2016, the Defendant deceivings the victim as above, received KRW 22 million from the Gwangju Bank account under the name of the Defendant, and acquired KRW 50,500,000 by transfer to the same account around October 20, 2016.

2. On December 8, 2016, even if the Defendant borrowed money from the victim E even if he/she borrowed money from the victim E, the Defendant called the victim without intent or ability to repay the money, and called “B is doing the manufacturing business like B, but the cost of manufacturing the goods is insufficient to lend money to the victim. On the other hand, the Defendant will pay back one month after manufacturing and selling the goods.

“Along on December 9, 2016, she received KRW 10 million from the injured party to the Agricultural Cooperative Account (F) in the name of the Defendant from the injured party and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and B;

1. A detailed statement of deposit transactions, inquiry of details of transactions, and details of each passbook transaction;

1. Investigation report (G operator H and telephone call);

1. Application of contract for water supply and business cooperation, patent registration ledger, patent certificate-related Acts and subordinate statutes to assets;

1. Criminal facts;

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