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(영문) 서울고등법원 2013.10.18 2013노1027
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

Summary of Grounds for Appeal

Defendant

Since the defendant did not confirm the matters entered in the patent register by mistake and mistake, he did not know that the exclusive license of 29 patent rights which is the subject of the contract with the L of the L of the Dispute Resolution and did not have any intention of deception and fraud with the L of the L of the Dispute Resolution.

The sentence imposed by the court below on the defendant (two years of imprisonment, three years of suspended execution) is too unreasonable.

Among the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), it is because the court below's conclusion of the second and third amendment contract to the non-guilty portion of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with respect to a public prosecutor's mistake of facts or misapprehension of the legal principle that the deception of the defendant should be recognized even for the second and third contracts,

The defendant already transferred the right to a dispute resolution H and L to the special zone of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against D with respect to the defendant's patent, and the defendant's previous registration patent (8 U.S. patent and five patent applications in China) is not possible because the period of overseas application exceeds the period of overseas application, but the defendant concealed it, and had the victim enticed the victim with the exclusive license in all countries except Korea and Japan with respect to the above patent.

The sentence imposed by the court below on the defendant is too unjustifiable.

The reason for the reversal due to the amendment of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is that the victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was changed to â……………………………………â…………………………, and the above court applied for the amendment of

The revised charge does not exceed the Z pumps which the defendant inventions and developed to the victim V.

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