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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Facts of recognition;
A. On October 28, 2010, the Defendant stated to the Plaintiff that “Around October 28, 2010, the Defendant was entitled to exclusive use of the patent for the manufacturing technology of cosmetics using E from C D professors. If the factory site is secured only by obtaining a certificate for KRW 3 billion from the Korea Credit Guarantee Fund, the Defendant may impose a large amount of money on the Plaintiff when he manufactures a product by setting up a factory.”
B. However, the Defendant was unable to secure the patent right to manufacture cosmetics using the cosmetic, and it was thought that the money received from the Plaintiff invested in the corporate bonds business and other businesses, or used for personal purposes, such as living expenses and apartment purchase price, and thus, there was no intention or ability to properly operate the business of manufacturing cosmetics raw materials even if receiving investment money from the Plaintiff.
C. As above, the Defendant: (a) by deceiving the Plaintiff on or around October 28, 201; (b) obtained KRW 25 million from the Plaintiff on or around November 3, 201; (c) KRW 32 million on or around November 12, 2010 as expenses for acquiring patent rights; (d) KRW 5 million on or around November 25, 2010 as expenses for preparing a business plan; (e) KRW 15 million on or around November 25, 2010; (c) KRW 7 million on or around December 18, 2010; (d) KRW 40 million on or around December 25, 201 as expenses for purchasing vehicles for business purposes; (e) KRW 5 million on or around 200,000,000 for loans under the pretext of a loan of KRW 25 million on or around August 11, 201; and (e) KRW 17 million on or around 201,2017.2.
On December 20, 2013, the defendant was sentenced to imprisonment for one year and six months as a crime of fraud in the Daegu District Court Branch Branch (2013dan554) on the ground of the above fraud, and the defendant and the prosecutor are the same.