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(영문) 서울남부지방법원 2018.01.17 2017고단4070
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, who was the representative director of the corporation B, was a person who was the representative director of the corporation B, and was aware of at around October 25, 2010 at an elementary school around October 25, 201, called “B has a stake in the company.”

B Lending money to obtain a snV patent from D is required. It shall be repaid immediately after the completion of the day.

“.....”

However, in fact, the mV patent had already been applied for E and there was no need to obtain the patent, and the Defendant thought that the patent was used for personal purposes, such as repayment of personal debt, payment of card payment, living expenses, etc., so even if he borrowed money from the damaged party, there was no intention or ability to pay it.

Defendant deceiving the victim as above and received KRW 5 million from the victim to the F account under the name of the Defendant on October 25, 2010, and acquired it through the delivery of KRW 69 million over 15 times from the date of the occurrence to January 12, 2012, as stated in the attached crime list, as shown in the attached crime list.

2. Determination

A. The Defendant and the defense counsel asserted that the Defendant and the Defendant were the major shareholders of B, but they did not know the contents of the patent right they acquired by not participating in the company management, and they actually operated B as the representative director of B.

G requested C to use necessary money for the acquisition of patent rights, etc. and the progress of the project, and borrowed money from G to make an investment (loan).

On November 15, 2011 and January 12, 2012, 4 million won borrowed is personally borrowed by the defendant without connection with B.

The defendant did not deceiving C of the use of money as stated in the facts charged.

The defendant had the intention and ability to repay money at the time of borrowing money from C.

B. In light of the following circumstances acknowledged by the record, a prosecutor, including C’s statement, submitted.

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