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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The Defendant in the instant charges is an operator of the Guro-gu Seoul Metropolitan Government Fund in the Dispute Resolution Co., Ltd. (hereinafter “instant company”); G is a person who has obtained a patent right from the KIPO in the Hyeong-si Patent Office with the patent number I; and the Defendant and G became aware in the course of requesting the Defendant to produce the said patented product.
On March 2, 2014, the Defendant concluded a business agreement with G on the condition that “The Fund in charge of the settlement of accounts for KRW 7 billion is a juristic person of an asset amounting to KRW 7 billion, and that it will make a J as the Fund will invest KRW 1 billion.” On June 2, 2014, G set an exclusive license for the patent right held by G between the Defendant and G, and the Defendant paid KRW 5% of the instant company’s shares, KRW 1/2-3% of the unit price for the supply of the said products, KRW 50 million, and KRW 50 million to G, and at the same time, it shall take charge of all investments necessary for the production of products.
However, in fact, the company of this case operated by the Defendant was so-called “pester,” where there was no sales and property, and the Defendant was not an intention or ability to invest KRW 1 billion in the above patented goods, nor was he planned to produce and sell the above patented goods by obtaining an exclusive license for the above patent only from G without intent to transfer 5% of the shares of the company of this case to G.
As above, the Defendant, by deceiving G, obtained an exclusive license for the said patent right from G on May 27, 2014.
Accordingly, the Defendant acquired property benefits by deceiving G.
2. We examine whether the Defendant, as described in the facts charged, was accused of G, and the statements in G, K’s investigation agencies and this court are consistent with G, and G were made to the effect that the Defendant was paid KRW 1 billion investment at the place where L and K were located in the three factory factories, but L introduced G to the Defendant in this court.