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(영문) 서울중앙지방법원 2015.02.06 2014노3360
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of both appeals;

A. Public prosecutor: Error of mistake of facts and misapprehension of legal principles (as to the acquittal part of the original judgment), and unreasonable sentencing

B. Defendant: misunderstanding of facts and misapprehension of legal principles, and unfair sentencing

2. Determination on the grounds for appeal

A. Examining the reasoning of the judgment of the court below in light of the records as to the prosecutor's assertion of mistake of facts and misapprehension of legal principles, the court below is justified in finding the defendant not guilty on the ground that there is no proof of a crime, and there is no error of law or misunderstanding of legal principles that affected the conclusion of the judgment.

We do not accept the prosecutor's allegation of mistake and misapprehension of legal principles.

B. (1) According to the records of the instant case regarding the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the investment targets at issue in the instant case are the technologies related to patent rights of “boiler” that the Defendant claimed, and in particular, the victims were aware that they were core technologies that have a high heat efficiency compared to general boilers.

[In accordance with the Defendant’s statement, the Defendant recognized that “The heat efficiency of the general boiler is 83% high, and the boiler created by the Defendant is 120-180% high, or 185% high, or 185% high.” In addition, considering the respective statements made by the Defendant and the victims, the Defendant appears to have known the victims of the same concept as “heat efficiency” and “COP” while explaining the heat efficiency of the boiler (in particular, referring to the investigation record 25 pages, 82 pages, 215 pages, 227 pages, and 227 pages, respectively. Accordingly, the Defendant stated the victims about the efficiency of the boiler of this case not “heat efficiency” but “COP”.

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