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Defendant
A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of ten months.
provided that this ruling has become final and conclusive.
Reasons
Punishment of the crime
[2012 Highest 2290]
1. The Defendants’ co-principal defendants, from February 201 to February 2, 201, worked as employees at the “F” restaurant operated by the victim E on the first floor of the Gangnam-gu Seoul Metropolitan Government DD Building underground, and, after having come to know of the victim, Defendant A operated the patented invention using economic difficulties for his/her female to use the patented invention. If necessary money is temporarily lent, Defendant A used a false statement as if he/she could lend KRW 300 million to the victim, and used money for living expenses, etc.
The facts are as follows: (a) Company G (hereinafter “G”) was a company with no substance as the term “ageing company”; (b) Defendant A did not have made an invention eligible to obtain a patent; and (c) Defendant A and Defendant B did not have any intent or ability to repay the amount even if they borrowed money from the victim due to the lack of any particular property or income as a bad credit holder.
Nevertheless, around May 2, 2011, Defendant B operated G with a consultation on a foreign company by the victim at the above “F” restaurant (hereinafter “F”) around May 2, 201, and Defendant B temporarily lacks funds due to lack of funds. It means a loan of KRW 300 million in the future because it can be punished for a large amount of money if it is difficult for the husband to do so. It means a loan of money which is urgently needed. It means a loan of KRW 300 million to the victim around May 25, 201, and the victim “I lend KRW 100 million in the first loan of the husband, and KRW 300 million in the first loan.” Defendant A may enter into a patent agreement with the victim at the hotel at the 1st non-class hotel in Gangnam-gu Seoul Special Metropolitan City H around May 25, 2011.
A loan shall include interest on the loan of money.