A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On April 2017, the Defendant committed fraud was aware of the victim O, the representative of the limited company N, at the event of a successful model of the re-project held by the Korea Agency for the establishment of a new business in around 2016.

On April 13, 2017, the Defendant would produce and install a machine that automatically affixs the 'production cost' to the victim at Qu University Industry-Academic Cooperation 304 heading room, which is located in the Gyeongju-gun P, Chungcheongnam-gun P, by June 13, 2017, by manufacturing up to June 13, 2017.

‘False speech' was made.

However, the defendant did not have any intention or ability to manufacture and install the above machinery.

Nevertheless, the defendant deceivings the victim as above and transferred 40 million won as down payment to the injured party.

2. On May 15, 2017, the Defendant should be granted a license to participate in the victim’s “RNA projects” at the place described in paragraph (1) around May 15, 2017.

In order to make a patent right for the manufacture of machines automatically stamped the woms for young children, the application fee for patent has been changed.

However, the defendant did not have the intent or ability to reduce the patent right to the above machinery to the victim because he did not have the intent or ability to manufacture and install the above machinery.

Nevertheless, the defendant deceivings the victim as above and transferred 2 million won to the injured party under the pretext of patent application.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against theO;

1. Investigation report (the details of deposits in relation to non-applicants for a victim's patent);

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes: The fact that there has been the past record of being punished for the same kind of crime, the fact that the acquired amount is not much specified, and the circumstances favorable to the fact that the damage has not been fully recovered: