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(영문) 서울북부지방법원 2014.07.18 2014고단970
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2012, the Defendant, as the representative of C Co., Ltd., a manufacturing company of fire-fighting appliances, concluded that “F 17 vehicles will be granted FF’s general marketing right upon purchasing F 17 vehicles,” and received money of KRW 29,410,000 from D to file a fraudulent complaint, thereby jointly making a patent agreement with the victim E at H restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government on June 2013, when he was tried to obtain a judgment with the Seoul Northern District Court 2012Da3231, the Defendant received a patent agreement from D, and transferred part of the patent right amount of KRW 30,000 and KRW 300,000,000,000 won from the United Kingdom to the headquarters of D’s operation company, and received a patent agreement with the Plaintiff immediately after payment of KRW 30,000,000,000,00 from the United Kingdom to the Republic of Korea.”

However, in fact, there is little possibility that foreign capital inducement KRW 30 billion will be entered in the UK, and even if the victim has received a written agreement from D, such as transfer of patent rights to C, K and L, the victim did not have the intent or ability to pay the agreed amount or transfer part of patent rights.

Around August 19, 2013, the Defendant had the victim deliver KRW 3,00,000 to D as agreed money from the car page near the residence of D, and had D complete a loan certificate of KRW 27,00,000,000, and received a written agreement from D. Since March 25, 2014 to April 4, 2014, the Defendant had the victim deliver KRW 30,000,000 to D as agreed money on behalf of the Defendant, and acquired pecuniary benefits of KRW 30,000,000.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on investigation (attaching a written judgment);

1. Savings deposits in data submitted by the complainant;

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