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(영문) 의정부지방법원 고양지원 2017.12.15 2017고단2781
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

From the end of December 1997 to the end of March 2010, the Defendant served as a director in D Co., Ltd. holding a patent right (C) against B, and thereafter, the Defendant established and operated F for the purpose of manufacturing and selling industrial machinery parts in the Seo-gu, Busan, Seoyang-gu.

On March 1, 2017, the Defendant: (a) held the patent right of B to the victim I who intends to purchase B through a telephone at the above F plant located in Seocho-gu, Seoyang-gu, Seoyang-si, Seoyang-si, Seoyang-si, Seoyang-si, and (b) held the patent right of B as above; (c) the Defendant did not notify the fact that the Defendant did not have the right to produce and sell hams, and sold B at KRW 50,60,000 as if the Defendant had the right to produce and sell hams.

was made.

The Defendant, on March 15, 2017, received money from the injured party as the purchase price, from the national bank account (J) in the name of the Defendant, KRW 10 million, and KRW 40.6 million in the same account on the 30th of the same month, and acquired the money by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of patent certificates and tax invoice Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., the confession of the defendant, the fact that the victim does not punish the defendant in agreement with the victim, and the first crime);

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