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
On January 19, 2015, the Defendant was sentenced to six months of imprisonment for an occupational breach of trust at the Suwon Franchi, and the judgment became final and conclusive on April 9, 2015.
On October 7, 2012, the Defendant has a patent for any product created by entry into force in G's office operated by the Victim F in Seopo-si E at Seopo-si on October 7, 2012.
If an international patent acquisition cost, etc. is required and KRW 100 million is lent as interest-free, it shall be repaid one year after the loan, and if it is not changed, the patent will be transferred.
“A false representation was made.”
However, the Defendant engaged in a business with H, etc., and thus, the Defendant did not have the right to transfer the patent right that entered into force solely as above, nor did he/she have the intent or ability to repay the patent even if he/she borrowed money from the injured party.
As above, the Defendant, by deceiving the victim, obtained KRW 20 million from the victim on October 22, 2012, around KRW 60 million on November 9, 2012, and KRW 5 million on November 27, 2012 from the Defendant’s agricultural bank account in the name of the Defendant, and acquired KRW 85 million in total by transfer from November 27, 2012.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Statement made by the police with regard to F;
1. A copy of a loan certificate, a copy of a promissory note, a patent registration, a patent certificate, a inquiry about the results of a transfer, a list of deposits without passbooks, a summary of the same industry, a patent registration book, a copy of a joint agreement, a copy of a contract for exclusive sale, a copy of a shareholder's list, or a
1. Previous convictions: References to inquiries, summary information of the case, and application of the text of the judgment, such as criminal history;
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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the reason for conviction under Article 62(1) of the Criminal Act of the suspended execution is guilty, the Defendant acquired the instant money from the injured party as stated in the facts of the crime in the judgment.
I see that it is.
A. H. In Japan, H.