(영문) 전주지방법원 2011.11.08 2009고단1600

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자간(%)

(영문) 전주지방법원 2011.11.08 2009고단1600

사기

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 5, 2008, the criminal defendant caused the deception of June 5, 2008 stated that "if he/she lends KRW 50 million to the victim C, he/she shall be repaid without a mold within three months, and if he/she is unable to repay it, he/she shall transfer his/her patent right to him/her."

However, since the defendant did not have any property or income, there was no intention or ability to repay it with others even if he borrowed money from others, and the above patent right owned by the defendant was already seized on May 14, 2007.

As such, the Defendant, by deceiving the victim and deceiving him from the victim, obtained 20 million won as investment money, 20 million won as the same name on June 9, 2008, and 10 million won as the same name on June 13, 2008, respectively, and acquired 50 million won in total from the victim.

2. On December 1, 2008, the Defendant said on December 1, 2008 that “If the Defendant borrowed money, he/she would have repaid the money as he/she entered into a contract with 100 vehicles in China.”

However, as the defendant does not have any property or income, the defendant did not have any intention or ability to complete payment even if he borrowed money from others.

As such, the Defendant, by deceiving the victim, received 3 million won from the victim in the same place, and acquired it by fraud.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. Statement to C by the police;

1. A copy of the agreement;

1. A copy of the patent right transfer agreement;

1. A copy of the original patent register (written on March 27, 2007);

1. The original patent register ( dated 17, 2009);

1. A copy of the patent certificate;

1. Copies of each receipt;

1. A copy of each certificate;