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(영문) 서울중앙지방법원 2015.10.01 2014고단9094
사기
Text

The defendant shall be acquitted. The defendant shall dismiss the application for compensation.

Reasons

1. The Defendant is a person who actually establishes and operates a corporation that provides management consulting services and cargo transport information services (hereinafter “D”).

On March 5, 2014, the Defendant told the victim F (C representative director of the Co., Ltd.) to develop the price transfer information relay system that can be used by Co., Ltd. C at the Gangnam-gu Seoul E-gu Office of 301, Seoul, for KRW 200 million. When paying down payment of KRW 100 million, the Defendant would complete the development of the program within six months from the contract date.

However, even if the defendant received money under the name of the development cost of the fund transfer information system, he did not use it for the development of the system, but thought that it will be used for the repayment of personal debts, the payment of company operating expenses, and the lending of funds to the partner, so he did not have an intention or ability to develop the

Nevertheless, as above, the defendant deceivings the victim, and is also against the victim.

3.6. Receipt of a remittance of KRW 100 million to an account in the name of D as the down payment for the development of the money transfer information system;

2. Determination

A. According to the records, the following facts are acknowledged.

(1) On December 3, 2013, the Defendant entered into a contract (hereinafter “instant contract”) with G Co., Ltd. (hereinafter “C”), I, and J on October 4, 2013, with the aim of improving the real-time fare settlement system based on “K,” which was filed by the Defendant as an inventor on October 4, 2013, with the aim of improving the high-quality illness (which means the multi-level settlement process based on the completion certificate and subsequent settlement delay, etc.) and promoting mutual benefits (hereinafter “instant contract”). The main contents are as follows.

A and B (C, I, and J) are entitled to use their patents prior to submitting a written application for development costs to the Korea Technology Credit Guarantee Fund.

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