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(영문) 서울중앙지방법원 2014.08.21 2014고단134
사기등
Text

Defendant

A shall be punished by imprisonment for two years, and imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B On April 6, 2012, the Seoul Southern District Court sentenced the suspension of the execution of the imprisonment of six months for fraud to the Seoul Southern District Court on April 14, 2012.

1. Defendant A

A. In spite of the fact that the Defendant had not developed the boiler with a high heat efficiency compared to the general boiler, the Defendant had applied for a patent to “F”, with the fact that he had developed the boiler with a high heat efficiency than the general boiler, and had the intent to acquire money from investors for the purpose of technology development expenses, etc.

(1) On June 15, 2010, the Defendant, against the victim G, developed “F” where energy efficiency from the victim G operating a limited liability company J through 120 to 180% at the I hotel coffee shop located in Songpa-gu Seoul Metropolitan Government H.

This technology is a boiler developed in the amount of KRW 1.8 billion for a period of ten years.

In order to invest money in the boiler development project and to make sure that the K, L, and F’s patent application rights or patent rights are modified in the name of J and F are produced and sold.

“The purpose was to make a false statement.”

However, the F technology developed by the Defendant was already developed and made public in the United States and Japan, and was a boiler that could easily be developed by a person with ordinary knowledge in the boiler technology, and was limited to an ordinary boiler that does not reach more than 100% energy efficiency.

Around August 31, 2010, the Defendant, by deceiving the victim as above, received an amount equivalent to KRW 40% of the JJ shares 40,000,000 from the victim. From July 13, 2010 to March 10, 201, the Defendant received all 167,586,851 won over 38 times through deposit of 167,586,851 won, such as boiler development expenses, etc., as shown in the attached list of crimes (1) from July 13, 2010 to March 10, 201.

(2) The Defendant against the victim E is the victim at the N hotel coffee shop located in Gangnam-gu Seoul, Seoul, on January 201, 201.

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